Legal Action Against Verbal Assault or Insulting Language in Kenya
Is Verbal Abuse Considered a Form of Assault in Kenya?
There are instances that occur with frequency where someone is traumatized by the verbal actions of another. These could include name-calling, vicious rumors, descriptions of gruesome situations and many other similar issues.
For many, words are enough to cause psychological and emotional distress and trauma that could take therapy to resolve with years invested. Others are incapable of recovery from the things they hear. Certain words could lead a person to commit a crime harm himself or herself or become injured in the course of everyday activities. It is important to know when it is permitted to litigate when an individual has been verbally assaulted.In order to have any type of case against someone that has verbally abused another, the injuries to feelings must be extensive and enough that a lawyer is interested in pursuing the issue. Unfortunately, there is not any specific rule about how abusive the words may be or just how insulting the language spoken to the victim. There are numerous facts or pieces of evidence surrounding the situation that assists in determining if there is enoughto seek compensation or litigation. The language used and the words spoken are usually analyzed profusely by the court thoroughly to determine how distressful they are to the average person with sound reason.
How to Sue for Intentional Infliction of Emotional and Psychological Damage
In order for the case to be worth pursuing by a lawyer or the injured party, there are usually a few elements that must be proven for a claim of verbal assault. The first item usually includes an intentional act of using abusive, insulting or offensive words. These could range from the lewd to the disgusting. As such offensive language is used, it must be unreasonable and outrageous to the intended target. The person that perpetrated the act should have known the verbal assault against the victim would cause some sort of negative impact that at least would include illness. The last element should involve the person injured to have suffered emotional or psychological duress because of the words spoken to him or her.
The Tort of Assault
While, generally, people think of assault as the actual hitting or beating of another person, under the law, thelegal claim of assault does not require any touching to occur. For an assault to occur, an aggressor only needs to make some overt act or statement (backed up by context or other conduct), that would make a reasonable person fear for their safety.For an assault to be actionable in a civil court, the person being assaulted needs tobe able to prove not only that the incident happened, but also that a reasonable person would have feared for their safety, and that as a result, they suffered damages, such as emotional distress or other more tangible financial losses (such as costs for therapy).
What is considered Abusive Language?
When the court is determining if the abuse sustained is enough for allocating compensation to injury, it is important to understand what is considered abusive language. The words uttered matter in these proceedings. When subjected to this type of abuse, verbal threats are tantamount to the potential for assault. The person affected may feel like he or she is in danger of being harmed. Other words that humiliate the subject are determined as offensive. Racial and sexual slurs have been considered as grounds for a claim. Other statements of a scandalous concern have been included as well.
What are Some Examples of Abusive or Insulting Language?
1. Verbal threats;
2. Humiliating statements;
3. Racial or sexual slurs; and
4. Scandalous statements.
Will Either Party Be Liable For Damages When Both Parties Exchanged Abusive or Insulting Language?
Although there is not clear rule on this issue, it is most likely that both parties will not be able to sue each other when they both used abusive or insulting language.
Can I Sue If Someone Said Something That Made Me"Feel Bad?"
Minor injuries to feelings are usually not enough to hold someone liable for damages. However, there is no universal rule that determines how abusive or insulting the language must be before one can sue. Most of the time, this issuewill be determined in light of the facts and circumstances surrounding the case. As a general rule, the court will often start by looking at whether the language will cause severe emotional distress to an ordinary person with ordinary sensibilities and reason.
Evidence, Responsibility and Legal Recourse
When one party has been the subject of verbal abuse, he or she is usually the only party that sustains psychological or emotional damage in the ordeal. However, when both parties have been equally abusive, there may be no claim for either. Usually, only one person is permitted to sue the other. Evidence, however, does strengthen the case when it is provided as a visual for the jury or judge. An illness or physical manifestation of the injuries shows those involved how the victim has suffered and why a claim for compensation is necessary.When seeking to resolve the claim for verbal abuse cases, it is best to obtain alawyer for assistance. The elements that must be proven could be difficult without legal representation. Additionally, if other complications arise, the lawyer may have the knowledge necessary to ensure a smoother experience. This legal professional may improve the odds of asuccessful outcome.
Is Verbal Abuse Considered a Form of Assault in Kenya?
There are instances that occur with frequency where someone is traumatized by the verbal actions of another. These could include name-calling, vicious rumors, descriptions of gruesome situations and many other similar issues.
For many, words are enough to cause psychological and emotional distress and trauma that could take therapy to resolve with years invested. Others are incapable of recovery from the things they hear. Certain words could lead a person to commit a crime harm himself or herself or become injured in the course of everyday activities. It is important to know when it is permitted to litigate when an individual has been verbally assaulted.In order to have any type of case against someone that has verbally abused another, the injuries to feelings must be extensive and enough that a lawyer is interested in pursuing the issue. Unfortunately, there is not any specific rule about how abusive the words may be or just how insulting the language spoken to the victim. There are numerous facts or pieces of evidence surrounding the situation that assists in determining if there is enoughto seek compensation or litigation. The language used and the words spoken are usually analyzed profusely by the court thoroughly to determine how distressful they are to the average person with sound reason.
How to Sue for Intentional Infliction of Emotional and Psychological Damage
In order for the case to be worth pursuing by a lawyer or the injured party, there are usually a few elements that must be proven for a claim of verbal assault. The first item usually includes an intentional act of using abusive, insulting or offensive words. These could range from the lewd to the disgusting. As such offensive language is used, it must be unreasonable and outrageous to the intended target. The person that perpetrated the act should have known the verbal assault against the victim would cause some sort of negative impact that at least would include illness. The last element should involve the person injured to have suffered emotional or psychological duress because of the words spoken to him or her.
The Tort of Assault
While, generally, people think of assault as the actual hitting or beating of another person, under the law, thelegal claim of assault does not require any touching to occur. For an assault to occur, an aggressor only needs to make some overt act or statement (backed up by context or other conduct), that would make a reasonable person fear for their safety.For an assault to be actionable in a civil court, the person being assaulted needs tobe able to prove not only that the incident happened, but also that a reasonable person would have feared for their safety, and that as a result, they suffered damages, such as emotional distress or other more tangible financial losses (such as costs for therapy).
What is considered Abusive Language?
When the court is determining if the abuse sustained is enough for allocating compensation to injury, it is important to understand what is considered abusive language. The words uttered matter in these proceedings. When subjected to this type of abuse, verbal threats are tantamount to the potential for assault. The person affected may feel like he or she is in danger of being harmed. Other words that humiliate the subject are determined as offensive. Racial and sexual slurs have been considered as grounds for a claim. Other statements of a scandalous concern have been included as well.
What are Some Examples of Abusive or Insulting Language?
1. Verbal threats;
2. Humiliating statements;
3. Racial or sexual slurs; and
4. Scandalous statements.
Will Either Party Be Liable For Damages When Both Parties Exchanged Abusive or Insulting Language?
Although there is not clear rule on this issue, it is most likely that both parties will not be able to sue each other when they both used abusive or insulting language.
Can I Sue If Someone Said Something That Made Me"Feel Bad?"
Minor injuries to feelings are usually not enough to hold someone liable for damages. However, there is no universal rule that determines how abusive or insulting the language must be before one can sue. Most of the time, this issuewill be determined in light of the facts and circumstances surrounding the case. As a general rule, the court will often start by looking at whether the language will cause severe emotional distress to an ordinary person with ordinary sensibilities and reason.
Evidence, Responsibility and Legal Recourse
When one party has been the subject of verbal abuse, he or she is usually the only party that sustains psychological or emotional damage in the ordeal. However, when both parties have been equally abusive, there may be no claim for either. Usually, only one person is permitted to sue the other. Evidence, however, does strengthen the case when it is provided as a visual for the jury or judge. An illness or physical manifestation of the injuries shows those involved how the victim has suffered and why a claim for compensation is necessary.When seeking to resolve the claim for verbal abuse cases, it is best to obtain alawyer for assistance. The elements that must be proven could be difficult without legal representation. Additionally, if other complications arise, the lawyer may have the knowledge necessary to ensure a smoother experience. This legal professional may improve the odds of asuccessful outcome.