Chris Rock vs. Will Smith

Will Smith stunned the world this week when he brazenly slapped Chris Rock across the face during the Oscars. Media outlets across the world are still trying to make sense of what happened.

Will the Los Angeles Police Department press charges against Will Smith? Doubtful. But Chris Rock does have potential personal injury legal claims against Will Smith on the civil side of the courthouse. Here are the civil claims I believe Chris Rock has against Will Smith:

1. Assault

   Assault is a misunderstood cause of action. Many people believe assault is when you hit or strike someone. This is incorrect. The California Civil Jury Instructions define assault in this context as:

   1. Will Smith acted in a way intending to cause harmful or offensive contact; and

   2. Chris Rock believed that he was about to be touched in a harmful or offensive manner.

The touching is considered harmful or offensive if it offends a reasonable person’s sensibilities.

Law professors love to play around on law school exams to test the difference between assault and battery. Here, as we all saw on live television, Will Smith walked up to Chris Rock, cocked his hand, and slapped him across the face. The two were face-to-face, so it’s clear that Rock saw the slap coming. Rock therefore has an assault claim against Will Smith.

It should be noted that words alone do not constitute an assault—and the law does not allow one to strike another based on words alone. It is no defense that Will Smith was offended by Chris Rock’s joke.

2. Battery

The tort of battery is the actual impact of the slap. To prove battery, Chris Rock would need to show:

1. Will Smith touched Chris Rock with the intent to harm or offend him;

2. Chris Rock did not consent to being touched;

3. Chris Rock was harmed or offended by the touch;

4. A reasonable person in Chris Rock’s position would have been harmed or offended by the touching.

This one is pretty clear too. Will Smith’s hand made contact with Chris Rock’s face. Rock may have joked it off because he was on stage trying to make sense of the situation, but subsequent events—especially Chris Rock saying he needs more time to process the episode—make clear that Chris Rock was harmed or offended by the slap. A reasonable person would feel the same being slapped in front of a large audience of hundreds of spectators and millions of viewers on TV screens around the world. Chris Rock has a strong battery claim against Will Smith.

3. Intentional Infliction of Emotional Distress

Chris Rock may also have a claim for Intentional Infliction of Emotional Distress, or IIED as it’s known in California.

To prove this, Rock needs to show:

1. Will Smith’s conduct was outrageous;

2. Will Smith intended to cause emotional distress;

3. Chris Rock suffered emotional distress;

4. Will Smith’s conduct was a substantial factor in causing Rock’s emotional distress.

Was it outrageous for Will Smith to walk on stage, interrupt Rock’s monologue performance, and slap him? YESS!!! Did Chris Rock suffer emotional distress? I would say so—see above. Smith may claim he was just standing up for his wife’s honor and didn’t intend to cause emotional distress—but the overall circumstances provide a decent counterargument. Smith was trying to shut down Rock’s jokes, and this was confirmed by Smith’s subsequent verbal tirade. The slap was intended to get Rock to comply. Smith’s slap was most certainly a substantial factor in causing Rock’s emotional distress, as Rock himself was and is still too stunned to address the event. This lawyer thinks Rock has a strong claim for IIED.

It should be noted that Rock doesn’t likely have any negligence claims against Will Smith. This is because Smith’s actions appeared to be intentional, whereas negligence usually applies to unintentional conduct (ie, distracted driving).

Some have mentioned the possibility of Chris Rock suing the Academy for not preventing Will Smith’s slapping attack. Based on the facts, I disagree. Generally, one person or landowner does not have a duty to control the actions of another, third person. There are exceptions, which I do not believe apply here.

Time will tell if Chris Rock pursues a personal injury case against Will Smith. While Rock may not have suffered long-term physical injuries, Will Smith’s outrageous conduct likely caused serious emotional damages. The world, and Chris Rock, are still trying to process the unfortunate episode in television history.

We wish Chris Rock the best! For questions about your Los Angeles assault, battery, IIED, or negligence case, the Rabbi Lawyer is ready to assist, 24/6.