Dangerous Weapons Case Study
QUESTIONS PRESENTED
Is Tim Morgan liable for assault and battery with a dangerous weapon under Massachusetts law where a weapon can be either inherently dangerous or dangerous as used?
Is a foam hand inherently dangerous, meaning that it is designed to inflict serious injury, when it is a novelty item used at sporting events?
Is a foam hand dangerous as used, meaning that it was used in a manned likely to cause injury when it was used with intent and force to hit and push Mr. Kramer and caused him to fall down rows of stadium seating and sustain injuries?
DISCUSSION Mr. Morgan will likely be held liable for assault and battery with a dangerous weapon. Massachusetts law requires the dangerous weapon be used in the attack and the weapon
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