QUESTION
Does a little property damage make a personal injury case? How?
Asked on May 27th, 2015 on Litigation - North Carolina
More details to this question:
My no longer friend and I got into a huge fight a while ago, and I got pretty angry and knocked his computer over. Now he is suing me in small claims court. I know he is just trying to win. Can he do this? Should I get a lawyer for small claims court?
14 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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If you damaged someone else's property, they can make a claim against you. Unless you have a defense to your actions, they will likely win the case. You typically can not have an attorney in Small Claims Court but you would have to read your Local Court Rules on that point.
Answered on May 29th, 2015 at 8:25 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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That's a property loss. Any personal injury was in the fight or the distress caused by the collateral cause of the property loss.
Answered on May 28th, 2015 at 2:50 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Many lawyers are reluctant to go into small claims court, because their fees often outweigh any benefit the lawyer can bring. If you got into a fight with this person and broke his computer, you are likely to be found negligent. Wisconsin, like half the states, is a 'comparative negligence' state. Meaning that you get to tell your story about why the damage was more his fault than yours. The court then assigns a percentage of the total negligence to each of you. The details get a bit more complicated from there on. You don' absolutely need a lawyer, but if you can find a decent one at a reasonable cost, it seems like a good idea to have one. Good Luck.
Answered on May 28th, 2015 at 2:45 PM
Thomas Edward Gates
Lawyers are not permitted in small claims court. You knocked the computer over, slam dunk win for the other guy. Get ready to write a check for the damage done.
Answered on May 28th, 2015 at 1:01 AM
1 Award
Why shouldn't he sue you? You damaged his computer. I don't know what a lawyer will be able to do for you. You caused the damage, so you will have to pay for it.
Answered on May 28th, 2015 at 12:56 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Lawyers are not allowed in small claims. Only the parties are allowed to participate.
Answered on May 28th, 2015 at 12:46 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No lawyers in small claims, and if you knocked over his computer and broke it, that would generally be you liability. Who else should have to pay?
Answered on May 27th, 2015 at 5:09 PM
Edwin K. Niles
No lawyers allowed in S.C. Court. Show up and tell the judge your story.
Answered on May 27th, 2015 at 4:32 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Of course he's just trying to win, that's why he filed a court action. He's trying to win the cost of fixing his computer, which he is entitled to. Now, think about the phrase "personal injury case". That means a case in which someone is personally injured, as distinguished from a property damage case, which is a case in which property is damaged. You damaged his property, you did not injure him. Rather than paying a lawyer, pay your ex-friend for your damage to his property.
Answered on May 27th, 2015 at 3:34 PM
James Eugene Hasser
Yes, he can sue you. Whether you get a lawyer is up to you and should probably be an economic decision. From what you have described he has no personal injury case for property damage only; he would have had to have been injured. Good luck.
Answered on May 27th, 2015 at 2:55 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You cant have a lawyer in small claims court. If you damaged his computer, he is entitled to sue you for damages you caused.
Answered on May 27th, 2015 at 2:14 PM
Lisa Hurtado McDonnell
Personal injury it for liability injuring a person. Property damage is damage and liability for damaging someone property. If you intentionally damaged someone property you are responsible for its replacement. I don't see a personal injury case with the facts you have stated so far. Yes, you can represent yourself if you want too.
Answered on May 27th, 2015 at 2:14 PM
Ronald A. Steinberg
An adult is responsible for their actions, even when they lose their temper and have a tantrum and break stuff. Especially when they break stuff. You are responsible for the reasonable expenses involved in repairing/replacing the broken computer. My opinion is that you act like a grown up, and accept the responsibility. Just pay for the damage.
Answered on May 27th, 2015 at 2:12 PM
If you broke it, you bought it. Yes, it does make a small claims court case. Just settle and pay it.
Answered on May 27th, 2015 at 2:12 PM