Answer:
Penguin has liability, he intentionally hit Batman.
Batman is the instrumentation
Batman could sue Penguin for battery because there was an offensive touching
Explanation: Liability is a term used to describe a loss or a cost or something that does not lead to the generation of income or a positive result or outcome.
THE BATTERY OF BATMAN IS A LIABILITY TO PENGIUN AS IT COULD LEAD TO A LAW SUIT THAT CAN CAUSE HIM SOME FINANCIAL EXPENSES.
Battery is a legal term used to describe any unwanted touch of another by an Aggressor, which can lead to an injury to the person being battered.