QUESTION
Can I sue a homeowner for getting hurt on his property?
Asked on Jul 30th, 2011 on Personal Injury - New York
More details to this question:
I was at a party at a residence when a fight broke out. I was hurt but did not need medical attention. The police were called and the party broke up. Can I sue the homeowner for allowing me to be hurt during his party?
19 ANSWERS
2 Awards
Generally, a homeowner is responsible for injuries you received while on their premises. However, there are many factors that play an important part in properly evaluating your specific situation. It is important that you speak with an attorney immediately who can properly advise you on what steps you must take in order to preserve your rights - including evidence, applicable statute of limitations and other critical information.
Answered on Sep 19th, 2012 at 10:37 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You have no claim unless the homeowner was negligent. I don't see any basis for claiming negligence based on what you've said so far.
Answered on Aug 03rd, 2011 at 5:49 AM
4 Awards
You can sue anyone; the question is whether or not your suit is viable-will you win? In order to prevail in a lawsuit in this kind of situation you would need to prove that the homeowner was negligent somehow-had some kind of fault-and that his fault caused your injury. If unrelated persons he has invited as guests get into criminal misbehavior that is not his fault injure you, he will probably not be found liable. If on the other hand these persons are well known to the homeowner, have often gotten into this kind of trouble before and he knows about it, and he invited them and furnished them alcohol, there may be a liability question. If your injuries were such that you did not need medical attention, the case may be difficult to pursue because any damage award would be so small.
Answered on Aug 03rd, 2011 at 5:48 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Only if he was negligent, which means either failing to do something which a reasonable person would do, or in doing something which a reasonable person would not do.
Answered on Aug 02nd, 2011 at 11:35 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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In NC most judges and juries dont award damages under such circumstances, and you have said you were not hurt enough to require medical attention. I don't think your case would justify paying court costs to file it.
Answered on Aug 02nd, 2011 at 11:34 AM
Consult with a plaintiff's personal attorney who should inform you of your litigation rights to sue the homeowner and your livelihood to recover damages for your injuries.
Answered on Aug 02nd, 2011 at 11:08 AM
Alternate Dispute Resolution Attorney serving Edmond, OK
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Woska Law Firm, PLLC
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You may present a claim to the homeowner for your actual damages, however, the homeowners insurance company will normally require proof of the injury though witnesses at the party, an evaluation of the seriousness of the injury, hospitalization, doctor visits, necessary operations, days off work, consequential damages and other things based on the type of injury. If your injuries were minimal with no hospitalizations the homeowner may have to pay you instead of the insurer because it is not enough in damages to actually exceed the homeowners deductible. "Direct threats require decisive action."
Answered on Aug 02nd, 2011 at 8:24 AM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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It depends what homeowner did wrong. You can sue the person who hurt you. However, as you did not need medical attention your damages would be minimal. File in small claims court.
Answered on Aug 02nd, 2011 at 7:33 AM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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I would not personally take a case like this and waste my time. Your damages are not significant enough to worry about. The costs would outweigh the recovery. You just don't sue people unless you have significant enough damages.
Answered on Aug 02nd, 2011 at 7:20 AM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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Yes. With certain exceptions, a homeowner can be liable for injuries you sustain on while on his property. Your particular case will depend on the circumstances of the party, his role, etc.
Answered on Aug 02nd, 2011 at 7:11 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No, not unless he hurt you.
Answered on Aug 02nd, 2011 at 6:44 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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If you were not significantly hurt, what are you going to sue for? A homeowner is responsible for his or her negligent actions. How did the homeowner allow you to be hurt? You could sue, but if you have no damages, there is no point in suing. I do not think any attorney would take your case on a contingency basis. You could always sue in small claims court, but you first must make a written demand. You might start there and see of the homeowner will pay you money for getting hurt and for the inconvenience and emotional distress you may have suffered.
Answered on Aug 02nd, 2011 at 6:39 AM
Yes, but if you did not need medical attention you will be unable to prove damages.
Answered on Aug 02nd, 2011 at 5:57 AM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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You can always sue, the better question is whether you have a decent enough case to sue. Generally, homeowners are not responsible for the actions of their guests. However, if the homeowner had reason to know that this guest was dangerous maybe the homeowner was negligent in inviting him, allowing him to stay or failing to warn you. Also, if the homeowner was serving alcohol to the guest while the guest was visibly intoxicated and that led to the assault, then the homeowner may be held liable.
Answered on Aug 02nd, 2011 at 5:27 AM
Workers Compensation Attorney serving West Palm Beach, FL
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Maybe. Depends on how fight happened, what you were doing, etc. You should definitely call a personal injury attorney.
Answered on Aug 02nd, 2011 at 5:27 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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You can sue for pretty much any reason; however, the question is whether you will be successful. You first have to show where the homeowner knew or should have known that a fight would break out and did nothing to prevent it. Secondly, you have to prove you suffered damages due to the homeowner's negligence. If you had no recorded injuries as noted in medical records, it is difficult to see what damages you suffered as a result. You may wish to call another attorney to see if he/she thinks along the same lines as I.
Answered on Aug 02nd, 2011 at 5:17 AM
If you did not receive any medical attention you probably don't have a case.
Answered on Aug 02nd, 2011 at 5:16 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No. The combatants can sue and counter-sue each other but if alcohol was involved, you're lucky you didn't have an eye poked out or your ear bitten off. No jury is going to care if you recover money damages for fighting at a party.
Answered on Aug 02nd, 2011 at 5:12 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Two comments: A) Liability: these are hard cases. Did the homeowner know that the people in the fight were likely to get into a fight? How many people were there? How long did the fight last? Did the homeowner try and stop it? B) Damages: Unless you have significant physical or emotional (being treated by a health care professional) injuries, you don't have a case worth pursuing (at least not to most lawyers) because it costs money to file and pursue a law suit (court filing fees, deposition costs, etc).
Answered on Aug 01st, 2011 at 1:33 PM