GERVONTA DAVIS now under house arrest for 90 days for a 2020 hit-and-run collision.

Baltimore, Maryland, May 5, 2023- Most of my readers know I am a martial arts fanatic and inactive Marine. Warrior culture is part and parcel of the Ehline Law Firm culture, so I try and include stories about boxing and MMA when they overlap with our accident law expertise. It appeared as though Davis’ case was almost decided at the end of last year. Back in November 2020, Davis pleaded guilty to four traffic offenses.

However, a Baltimore Circuit Court judge refused to sign off on a plea deal letting the boxer avoid jail time with just 60 days of house arrest, now up to 90 days, despite at least one passenger in the struck vehicle lambasting officials for allowing such a weak sentence. She thinks this is a failure of the criminal justice system.

Here, world-renowned professional boxer Gervonta Davis still finds himself in a precarious situation after being placed under house arrest for just 30 days longer at his May 5 sentencing. Lucky for him, the sentencing, which also involved allegations of harming a pregnant woman, was delayed long enough for him to slay Ryan Garcia with a knockout blow, securing Davis the win despite the guilty plea. Although he won’t have to stand trial criminally, civil claims are sure to follow.

This legal predicament jeopardizes his boxing career and exposes him to potential future criminal and civil liabilities that could have long-lasting consequences. The recent placement of boxing sensation Gervonta Davis under house arrest has cast a shadow over his career. Both criminal and civil liabilities pose significant threats to the athlete and his highly anticipated fight against Ryan Garcia.

Criminal Liability: Gervonta Davis Faces Legal Consequences as House Arrest Imposes Threats to Boxing Career

Following an incident in Maryland in 2020, while Davis was driving his SUV under a police escort, Gervonta Davis was put under house arrest as part of his bail conditions. In the initial legal proceedings, Gervonta Davis faced a total of 14 misdemeanor charges associated with the incident.

Prosecutors alleged that Davis was operating a vehicle with a suspended/revoked license, neglected to stop at a red light, and collided with a Toyota while driving a Lamborghini SUV. The collision resulted in injuries to four individuals inside the Toyota. Furthermore, Davis was also accused of failing to provide assistance following the accident, making this one of the more frequently punished traffic offenses.

Here are the Basic Facts

According to charging documents, video footage captured the moment when Gervonta Davis allegedly ran a red light and collided with a Toyota. Following the collision, the Lamborghini veered off course and crashed into a nearby fence. Surveillance footage from a convenience store in the vicinity revealed the driver, later identified as Davis, along with a female passenger, swiftly exiting the scene. They reportedly got into a black Chevy Camaro, which had arrived to pick them up.

Subsequently, the Camaro was seen arriving at a Four Seasons Hotel located in downtown Baltimore. Davis, who had a suspended driver’s license, fled to the hotel prior to the arrival of Baltimore police officers at the crash scene. The occupants of the Toyota sustained various injuries, including bruises and cuts.

Ultimately he waived his right to a speedy trial, and Davis pleaded guilty as part of a plea deal. These were very serious charges, and typically, this type of behavior is exhibited by DUI drivers or drivers operating a vehicle with a suspended license or with no insurance. For a court to approve such a sentence, leaving so many other charged violations to go unsentenced, means there must have been one hell of a sidebar with the judge, prosecution, and defense lawyers. The rights of the victims continue to be of concern to me as a lawyer, and I can’t help but feel Tank’s privilege of being a celebrity helped along striking such a favorable plea agreement.

Victims Are Not All Happy!

The alleged victim, Jyair Smith, the pregnant lady in the car he struck, spoke out against the plea deal in this fleeing the scene of an accident case with property damage and bodily injury.

“I begged Mr. Gervonta Davis, I looked him in his eyes,” said Smith.

“I said, ‘I have to get home to my daughter, I’m pregnant.’ He never once came over to help me.”

The 90-day house arrest is far from the maximum penalty of 50 months in prison if found guilty.

Hit and Run Accident Involving Bodily Injury a Weak Plea Deal?

Smith clearly thinks it was a bad deal for her and these victims of crime. In that case, he blew through a red light in his Lamborghini Urus, smashing into a car with four people inside, including a pregnant woman. There was also an issue involving at least one police contact and priors, which could lead to a future potential probation or sentence enhancement.

Prior Battery Causing Bodily Harm?

Apart from the charges already levied against him, Gervonta Davis encountered further legal trouble on December 27, 2022. He was apprehended and subsequently booked into the Main Jail Bureau of Broward County in Fort Lauderdale, FL, on a single count of Battery Causing Bodily Harm for allegedly hitting the mother of his 1-year-old daughter.

News reports from TMZ reported that he struck a woman on the right side of her head, allegedly using what was described by police as a “closed hand type slap.” The blow left her with “a small abrasion to the inside of her upper lip on the right side of her mouth.”

Because of this, there could have been a sentence enhancement based on priors. The exact details surrounding that incident remain undisclosed. However, it is reported that Davis could still have criminal charges, even though the alleged victim retracted her statements against him with the police.

The outcome of any counts brought in those legal proceedings and any potential probation violations could result in even more severe penalties, including fines, probation, and even imprisonment. We will provide updates as to counts involving his injured baby mama and other people injured as they file lawsuits, etc.

Future Vegas Ambitions?

Gervonta Davis, boasting an impressive record of 28 wins with 26 knockouts (28-0, 26 KOs), is currently in the final stages of negotiations for a highly anticipated super fight against Ryan Garcia. The proposed bout, set at a catchweight of 136 pounds, is tentatively scheduled to take place on April 15 in Las Vegas, NV, assuming the “Tank” doesn’t get arrested or convicted of something else in the meantime.

Such consequences have the potential to further tarnish Davis’ bad boy image and reputation and hinder his future endeavors within the boxing industry with charges stemming from domestic violence and criminal behavior.

Civil Liability Looms: Gervonta Davis’ Boxing Career Hangs in the Balance Amidst Legal Troubles and Potential Lawsuits

Although his criminal defense lawyer, Michael Tomko, has declined comment, Davis may also face civil liability for his involvement in the incident. Pregnant women are not able to take X-rays and suffer more harm in accidents, as injuries are often medically hard to identify.

Difficulties of Diagnosing Personal and Fetal Injuries in Pregnant Women?

Diagnosing car accident injuries in pregnant women can present unique challenges due to several factors. These factors can complicate the diagnostic process and make it more challenging for medical professionals to identify and treat injuries effectively.

Here are some reasons why it may be harder to diagnose car accident injuries in pregnant women:

1. Masking of Symptoms: Pregnancy can cause various physiological changes in a woman’s body, such as increased blood volume and hormonal fluctuations. These changes can potentially mask or overlap with symptoms of car accident injuries, making it more difficult to differentiate between normal pregnancy-related discomfort and potential injuries sustained in the accident.
2. Delayed Onset of Symptoms: In some cases, the symptoms of car accident injuries may not manifest immediately. Pregnant women may experience a delay in the onset of symptoms due to hormonal changes, adrenaline release, or the body’s natural response to protect the fetus. As a result, injuries may not become apparent until hours, days, or even weeks after the accident, making diagnosis more challenging.
3. Focus on Fetal Well-being: In the immediate aftermath of a car accident involving a pregnant woman, medical professionals often prioritize assessing the well-being and health of the fetus. While this is crucial, it may lead to the initial focus being primarily on fetal monitoring, potentially diverting attention from identifying and diagnosing maternal injuries.
4. Limited Imaging Options: Certain diagnostic imaging techniques, such as X-rays and computed tomography (CT) scans, involve ionizing radiation that can potentially harm the developing fetus. Due to the potential risks, healthcare providers may be more cautious in using these imaging modalities, leading to limited diagnostic options for identifying injuries in pregnant women.
5. Complex Physiology: The anatomical and physiological changes that occur during pregnancy, such as an enlarged uterus and changes in organ placement, can make it more challenging to conduct physical examinations and interpret diagnostic tests accurately.
6. Psychological Factors: Pregnant women who have experienced a car accident may experience increased stress, anxiety, or fear, which can influence their perception of pain or symptoms. These psychological factors may further complicate the diagnostic process, making distinguishing between physical injury-related symptoms and others.

Given these challenges, it is crucial for pregnant women involved in car accidents to seek immediate medical attention, even if they do not experience immediate or noticeable symptoms. Healthcare providers with experience in managing car accident injuries in pregnant women can conduct a comprehensive evaluation, considering both maternal and fetal well-being, and utilize appropriate diagnostic methods to identify and address any potential injuries effectively.

If any individuals were harmed or property was damaged as a result of the altercation, they could pursue civil lawsuits against the boxer. These lawsuits may seek financial compensation for the victims, potentially leading to substantial damages awarded against Davis. Such financial burdens could further complicate his boxing career, causing significant setbacks and hindering future opportunities.

What Civil Consequences Does Tank Face?

In a civil hit-and-run case in Maryland, Davis can face various potential damages depending on the circumstances of the incident and the resulting injuries or losses suffered by the victim. While I can provide general information, consulting with a legal professional specializing in Maryland law for specific advice tailored to your situation is important.

1. Compensatory Damages: The victim of a hit-and-run accident may seek compensatory damages to provide financial compensation for the losses they incurred. These damages can include:
   • a. Medical Expenses: This covers the costs of medical treatment, hospitalization, medication, rehabilitation, and ongoing healthcare expenses resulting from the injuries sustained in the accident.
   • b. Property Damage: If the hit-and-run incident resulted in damage to the victim’s property, such as their vehicle, compensation may be sought to cover repair or replacement costs.
   • c. Lost Wages: If the pregnant victim suffered injuries that led to missed workdays or a decreased earning capacity, they might be entitled to compensation for the income they lost as a result.
   • d. Pain and Suffering: Damages can be awarded to compensate for the physical pain, emotional distress, and mental anguish experienced by the victim due to the hit-and-run accident.
2. Punitive Damages: In certain cases, Maryland law allows for punitive damages to be awarded in civil hit-and-run cases. These damages aim to punish the defendant for their reckless behavior and deter others from engaging in similar actions. To be eligible for punitive damages, the defendant’s actions must be found to be willful, wanton, or malicious.
3. Other Potential Damages: Depending on the specific circumstances, additional damages may be pursued, such as loss of consortium (for the impact on the victim’s personal relationships), wrongful death damages (in cases where the hit and run resulted in a fatality), or future medical expenses (if ongoing treatment or care is necessary).

It’s important to note that the amount of damages awarded will depend on the evidence presented, the severity of the injuries, the degree of negligence demonstrated by the defendant, and other factors the court considers. To fully understand the potential damages in a civil hit-and-run case in Maryland, it is advisable to consult with an experienced attorney who can provide personalized legal guidance based on the specific details of your case. We are not Maryland lawyers, so we can not offer legal advice. However, our firm can form “of counsel” relationships with lawyers we already work with in Baltimore Circuit Courts and others.

Boxing Career at Stake?

Gervonta Davis’ house arrest and impending legal battles significantly threaten his illustrious boxing career. The sport demands discipline, integrity, and adherence to strict codes of conduct. The Boxing Commission doesn’t play around, either. Any criminal charges or legal entanglements can have dire consequences for an athlete’s standing within the boxing community.

More About Davis

Davis, known for his exceptional skills and relentless drive, was scheduled to face off against Ryan Garcia in a highly anticipated fight. However, with his current legal situation, the future of this bout hangs in the balance. Promoters, sponsors, and the boxing governing bodies may have reservations about allowing Davis to participate, considering the potential risks and negative publicity associated with his ongoing legal issues.

Redemption and Rehabilitation

While facing these legal challenges, Gervonta Davis has the opportunity to take responsibility for his actions, seek redemption, and engage in rehabilitation efforts. By demonstrating a commitment to personal growth, addressing any underlying issues, and making amends to those affected, Davis can mitigate the harm to his career and reputation.

Conclusion

Gervonta Davis, the boxing sensation placed under house arrest, finds himself confronted by both criminal and civil liabilities that cast a shadow over his career. The outcome of his legal battles will significantly impact his future within the sport, potentially affecting his upcoming fight against Ryan Garcia. Davis now stands at a critical juncture where personal redemption and legal consequences converge, highlighting the importance of accountability and rehabilitation in preserving his boxing legacy. If you were in a hit-and-run in Texas or California fleeing the scene case, reach out to our hit-and-run lawyers to get a free consultation about obtaining compensation. Call (213) 596-9642 today!

The recent arrest of UFC fighter Tony Ferguson for driving under the influence (DUI) and flipping his Chevy Silverado truck has placed his career in jeopardy, as both criminal and civil liabilities loom over the athlete. Hollywood Police records indicate the arrest occurred at 2 a.m. and that Ferguson was booked into the Hollywood Community Police Station hours afterward. He was reportedly being held on $30,000 bond at the time of the Los Angeles car accident, which TMZ first reported on Sunday evening.

Hollywood, CA, May 7, 2023- UFC lightweight contender Tony Ferguson found himself in hot water after being arrested for driving under the influence and hitting two parked cars outside a popular nightclub. Tony was arrested at the scene and is facing a misdemeanor DUI. He’s also looking at a license suspension as he refused to take a field sobriety test. Rapper Cash Gotti, who owns one of the vehicles posted an Instagram video showing his damaged Mercedes. The arrested Fergusson, complete with bloodshot eyes, was sent to the cooler by then.

Before the accident occurred, Tony Ferguson, a former champion in the Ultimate Fighting Championship (UFC) lightweight division, had not been performing well in his recent fights. He had lost his last five matches and had a record of 25 wins and eight losses. In his most recent fight, which took place on September 10, 2022, in Las Vegas, he was defeated by Nate Diaz through submission. It is worth noting that Diaz himself was recently arrested for being involved in a physical altercation and choking someone.

Despite Ferguson’s reputation for being a skilled fighter inside the UFC Octagon, he now faces serious legal consequences that could negatively impact his future in the UFC. In 2019, Ferguson’s wife, Cristina Servin, took legal action by filing for a restraining order against him. She later explained that it was an attempt to ensure he received the necessary mental health assistance. However, Servin withdrew the restraining order just a month after filing it.

According to law enforcement reports, Ferguson was pulled over by local police in Hollywood during the early hours of Sunday. The officers detected signs of intoxication, leading to calls for a field sobriety test (FST), which the fighter allegedly refused. Subsequently, Ferguson, who reeked of alcohol, was arrested on charges of driving under the influence, a serious offense, and failing to submit to a FST, which can carry significant penalties. The good news is that he is in a soft-on-crime state, so nothing much is likely to happen based on current trends in the Golden State.

If convicted, Ferguson may face fines, license suspension, mandatory alcohol education programs, and even potential jail time. These consequences could have long-lasting repercussions on his personal life and professional career, tarnishing his reputation within the UFC community.

Civil Liability Looms: Tony Ferguson’s UFC Career Hangs in the Balance Following DUI Incident

Apart from the criminal charges, Ferguson may also face civil liability for his actions. If anyone was injured or property was damaged as a result of the DUI incident, the affected parties could file civil lawsuits against the fighter. This could potentially result in substantial financial damages awarded to the plaintiffs, further complicating Ferguson’s future prospects.

The Property Damage Claims

Here, the diminished value of Cash Gotti’s car could be in the hundreds of thousands of dollars alone. Plus, there is a second vehicle, other destruction, and the use of critical city resources. Fergusson is legally liable for all of this, and there is no mention of how much insurance he was carrying. So, in addition to probably losing his UFC contract, Ferguson could end up broke.

UFC Career at Stake:

Ferguson’s arrest and subsequent legal battle jeopardized his personal life and now pose a significant threat to his flourishing UFC career and any endorsements for ads. The organization has strict conduct policies in place, emphasizing the importance of integrity and professionalism among its athletes. Any criminal charges, especially those related to substance abuse and endangerment, can lead to severe consequences for fighters.

Potential UFC Fallout

The UFC’s disciplinary actions may range from fines and suspensions to contract termination, depending on the severity of the offense and the athlete’s history. Considering Ferguson’s past accomplishments and popularity among fans, the UFC may face a difficult decision regarding his future involvement in the sport. But when a truck flips over, and people are harmed on public roads, the UFC may not be too hot on automatic forgiveness.

Redirect with Rehabilitation and Redemption?

While the legal ramifications may seem dire, Ferguson has the opportunity to take responsibility for his actions, seek rehabilitation, and demonstrate a commitment to change. Engaging in substance abuse programs, addressing personal issues, and making amends to those affected could potentially mitigate the negative impact on his UFC career.

Conclusion:

Tony Ferguson’s recent DUI arrest has put his UFC career on the line, as he faces potential criminal charges and civil liability. The outcome of his legal proceedings will play a crucial role in determining his future within the organization. The uncooperative fighter now stands at a crossroads where personal redemption and professional consequences intersect, highlighting the importance of accountability and rehabilitation in the face of adversity. Although he has rights, checking his behavior and engaging in a rehabilitation process with a MADD and AA course sound like one of the best ways to redirect his career. What do you think?

In a recent incident that has garnered significant attention, renowned mixed martial artist and former UFC star Nate Diaz found himself at the center of a street brawl in New Orleans. Diaz, now facing a felony charge, is among the most famous MMA fighters, with him and his brother considered true OGs in the fight game. Nate had two fights with Conor McGregor, winning one by submission in 2016 and losing one by decision the same year. The altercation occurred on April 24, 2023, in a crowded public space on Bourbon Street. The dude Diaz choked on the iPhone video is Logan Paul stunt double, Rodney Petersen.

The Misfits boxing event turned street fight took place while Diaz was attending the event to support his longtime teammate, Chris Avila, defeating Paul Bamba. In the outdoor footage, Diaz can be seen applying a chokehold to TikTok star Rodney Petersen, rendering him unconscious in the scuffle. The intensity of the altercation has sparked debates about the appropriate use of force and self-defense in such circumstances. A woman could be heard exclaiming the men should “stop” before Diaz caused great harm, at which point Diaz dropped Petersen to the pavement like a rag doll.

Justifiable?

Some observers argue that Diaz’s actions were justified as a response to perceived threats or provocation, while others express concern about the level of aggression displayed. Additionally, Diaz was involved in another incident that same night when he had a brief scuffle with Chase DeMoor, a reality TV star. Eyewitnesses report that Diaz threw a water bottle at DeMoor during the event, further adding to the tension and excitement surrounding the viral clip that evening.

DeMoor went on Twitter, asserting: “next time don’t run” towards Diaz. “Nate Diaz decided to get mad and throw a prime bottle on me, that’s cute bro…” “Just next time don’t run. And stop spending a lot of your nights in the club trying to use your dried up MMA career to pull college girls.”

As news of these altercations spread, discussions have emerged regarding the boundaries of acceptable behavior in the context of sports events and public appearances to promote a boxing match, etc. Legal experts emphasize the importance of considering the specific set of circumstances and applicable laws when evaluating the actions of individuals involved in physical altercations and fights. Either way, the New Orleans police collected on their charged arrest warrant, and Diaz entered a plea of not guilty to the charge at his preliminary court hearing.

While the investigation into these incidents is ongoing, it serves as a reminder of the need for measured responses and the exploration of non-violent means to address conflicts. The consequences of such altercations caught on tape can extend beyond the immediate event, impacting the reputations and careers of those involved.

It remains to be seen how these incidents’ legal and public ramifications will unfold with each entourage. As the world spotlight shines on Nate Diaz and his actions during the Misfits Boxing 6 card, the incident serves as a catalyst for broader conversations about sportsmanship, self-control, and the responsibilities that come with public figures engaging in physical confrontations.

Either way, in a statement, Zach Rosenfield, Nate’s lawyer, says this clearly demonstrated that a “trained fighter named Rodney Petersen aggressively pursued Nate with the intention of engaging him, and once doing so, Nate acted entirely in self-defense.” Diaz left the UFC in 2022 upon the expiration of his contract, leaving him free to pursue a different Youtube arena.

In another viral video, Nate’s old UFC boss Dana White asks someone if the choked opponent was Logan Paul, Jake’s brother, stating: ‘He knocked him out! Whoever that is, he knocked him out. ‘That guy’s head bounced like a f***ing basketball.’ ‘He’s going to get sued like a motherf****r’.’

Unlikely ally, Conor McGregor even tweeted: “Hahaha Nate on a rampage tonight guys! Let’s go, Nate! Hahaha.”

Police claim Petersen was discovered “bleeding from the rear of his head,” and the Louisiana District Attorney has the power to pull Nate’s boxing card with jailtime.

“I don’t know what the hell I did to Nate Diaz,” Petersen said later on Youtube. “But I’m telling you what, I’m going to knock him the fuck out when I know he’s coming. You caught me off guard, dude. What did you think I was, Logan?” So clearly, Petersen is not that injured if he is already fired up for war.

The fact Diaz fought professionally doesn’t help when it comes to defending against the charges. If convicted, he could do up to eight years in prison. However, most experts don’t think that will happen once they watch the video that seems to be shot by a cell phone camera.

Staged to Remind People of Jake Paul Fight?

This has prompted many to say it was a put-on to remind people that Nate Diaz is expected to fight Jake Paul on August 5, 2023. This street fight with Peterson and the recent US Marine rear naked choke on a NY subway has raised questions about the use of force and self-defense in such situations. Eyewitnesses and video footage captured the intense moments as Diaz engaged in a physical confrontation that could place what’s left of his purportedly dried-up MMA career at risk of a second-degree battery conviction.

Self Defense?

Assuming the police think this was self-defense, Diaz could still face a civil lawsuit for assault, battery, or even false imprisonment. The facts show the incident unfolded in the heart of New Orleans, where Diaz was visiting for a public appearance. Reports indicate that a verbal exchange between Diaz and another individual quickly escalated into a physical confrontation. Witnesses claim that Diaz acted in self-defense, responding to what he perceived as an imminent threat to his safety.

Video footage of the incident has circulated widely on social media, showcasing the intense nature of the brawl. However, conflicting witness accounts have further complicated the understanding of the events. Some witnesses assert that Diaz acted aggressively, while others maintain that his actions were a necessary response to protect himself. Either way, if sued, Diaz will run up significant legal bills.

Law enforcement officials arrived at the scene shortly after the altercation had subsided. They initiated an investigation into the incident to determine the circumstances and establish legal accountability. The city police have reviewed available video evidence from the streets, interviewed witnesses, issued an arrest warrant, and are working to gather additional information to understand the incident comprehensively.

Legal experts highlight that the evaluation of Diaz’s actions will depend on several factors, including the applicable self-defense laws in New Orleans. These laws generally require individuals to use only reasonable force to protect themselves from harm. Diaz’s background as a professional fighter may also be a point of consideration in assessing his response. When I was growing up people always said a black belt is considered a scheduled deadly weapon. Throwing a water bottle earlier in the night tends to show he was acting in a dangerous manner.

As the investigation against the former UFC star continues forward, the incident has ignited debates surrounding the appropriate use of force, self-defense, and the public perception of professional fighters. It serves as a reminder of the complex legal and ethical considerations surrounding physical altercations and the need to thoroughly examine the facts before drawing conclusions about this guy, or anyone else that weekend.

Authorities have indicated that charges may be filed against those involved once the investigation concludes. In the meantime, the incident involving Nate Diaz in the New Orleans street brawl remains a topic of discussion, prompting reflections on the boundaries of self-defense and the consequences of physical altercations in public spaces. This fight will undoubtedly help push the Misfits Boxing fight Jake Paul has been touting into the PPV stratosphere.

Can Nate Diaz be Sued over New Orleans Street Brawl?

Yes. But this state follows a different civil legal system. New Orleans, being part of the state of Louisiana, is governed under a unique legal system known as civil law. Unlike the majority of states in the United States, which follow the common law tradition inherited from English law, Louisiana’s legal system is based on the civil law tradition derived from French and Spanish legal systems. This distinction is a result of Louisiana’s historical roots as a French and Spanish colony before it became part of the United States.

Under French civil law, legal principles are primarily derived from statutes and codes enacted by the legislature. These statutes provide the foundation for the legal framework, and courts interpret and apply the law based on these statutes. Additionally, legal decisions from higher courts also serve as binding precedents in subsequent cases. The civil law system places less emphasis on judicial decisions and the concept of binding precedent compared to the common law system.

Here, Peterson will sue Diaz under the civil law democracy system of law I am unfamiliar with. I am only licensed to practice law in Texas and California courts. The difference between a lawsuit for battery in California and Louisiana lies primarily in the legal principles and procedures that govern these cases within each state’s respective legal systems. While both states recognize the concept of battery as a civil tort, there may be variations in how certain elements are defined and how cases are litigated.

1. Legal Elements: In California, battery is generally defined as the intentional and harmful or offensive touching of another person without their consent. The focus is on the act of physical contact and the absence of consent.

In Louisiana, the battery is referred to as “intentional tort” or “offense against the person.” It encompasses various types of intentional harm, including physical violence or offensive touching. Louisiana law recognizes both general intentional torts and specific offenses against the person, such as simple battery, aggravated battery, and assault.

Since insurance won’t cover an intentional tort award, Diaz will likely have to pay out of pocket, and he is not making the kind of money he used to as a UFC hero. He could even face punitive damages depending on the rights of the very peeved Petersen. Some people think this has a resemblance to a staged fight to make the Nate Diaz/Paul fight a larger purse, but it remains unclear. Either way, it doesn’t seem like Petersen thinks that is true, setting this potential tort as a crime.

1. Legal Standards: California applies an intentional tort law standard to establish liability for battery, requiring the plaintiff to prove that the defendant acted without consent and that the plaintiff suffered harm as a result.

On the other hand, Louisiana employs a “fault” system, emphasizing the intentionality or recklessness of the defendant’s actions. The plaintiff must demonstrate that the defendant’s conduct was intentional or that they acted with conscious disregard for the potential harm caused.

1. Comparative Fault: California follows a comparative fault system, where damages awarded to the plaintiff may be reduced proportionately based on the plaintiff’s own negligence or contribution to the incident.

Comparative fault is also recognized in Louisiana, but the state follows a “pure comparative fault” rule. Under this rule, the plaintiff’s damages are reduced by their own percentage of fault, regardless of how much they contributed to the incident.

1. Civil Law Tradition: Louisiana’s legal system is based on civil law, as influenced by the Napoleonic Code and the French and Spanish legal traditions. It places a greater emphasis on codified laws and statutes. At the same time, California operates within the common law tradition, relying on judicial decisions and legal precedents to guide the interpretation and application of the law.

In Louisiana, the battery is referred to as an “intentional tort” or “offense against the person.” It encompasses various types of intentional harm, including physical violence or offensive touching. Louisiana law recognizes both general intentional torts and specific offenses against the person, such as simple battery, aggravated battery, and assault.

Since insurance won’t cover an intentional tort award, Diaz will likely have to pay out of pocket, and he is not making the kind of money he used to as a UFC hero. He could even face punitive damages depending on the rights of the very peeved Petersen. Some people think this has a resemblance to a staged fight to make the Nate Diaz/Paul fight a larger purse, but it remains unclear. Either way, it doesn’t seem like Petersen thinks that is true, setting this potential tort as a crime.

Comparative fault is also recognized in Louisiana, but the state follows a “pure comparative fault” rule. Under this rule, the plaintiff’s damages are reduced by their own percentage of fault, regardless of how much they contributed to the incident.

It is important to consult with an attorney specializing in the specific jurisdiction’s laws to understand the nuances and any recent developments that may impact a battery lawsuit in California or Louisiana. It is important to note that while Louisiana follows the civil law tradition, some aspects of common law influence can be found in certain areas, in things such as property law and contracts.

These areas may somewhat incorporate principles and concepts from common law jurisdictions. However, overall, the legal system in New Orleans and the state of Louisiana remains rooted in civil law principles. Fortunately, acting to use the legal system to resolve the matter means each man will stay alive and have his day in court. If you want to learn more about tort law, contact us at (833) LETS-SUE.