QUESTION
Do we have any legal action we can take if my son was assaulted at a city recreation center by a city employee?
Asked on Jul 17th, 2013 on Personal Injury - Ohio
More details to this question:
Do we have any legal action we can take if my son was assaulted at a city recreation center by a group of guys including and initiated by a city employee?
11 ANSWERS
James Eugene Hasser
Sure. You have potential criminal and civil charges you can bring.
Answered on Jul 18th, 2013 at 3:35 PM
Ronald A. Steinberg
Yes. Criminal charges as well as civil charges.
Answered on Jul 18th, 2013 at 2:54 AM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
at
Law Offices of Andrew C. Sigal
Update Your Profile
If the incident occurred in California, you have six months from the date of the incident to file a claim against the city. If you fail to file a claim against the city within six months, you may lose your right to seek compensation. One cannot file a lawsuit against the city without FIRST filing a claim. Your son does have a claim against everyone else involved in the incident. However, if it was an intentional attack, there is no insurance coverage. If the individuals who attacked your son are not wealthy, then the odds of collecting on a judgment are not very good.
Answered on Jul 18th, 2013 at 2:54 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
Difficult, but possible: There needs to be investigation in order to gather necessary evidence, such as witness statements, surviellance videos, cell-phone recordings. You need to file a notice of claim. Also, you need to know that the general rule is that an employer is not liable for the intentional torts of its employee, so your lawyer will have to work out a legal theory of getting around that. Do not think for a moment that you can do this without a lawyer, this is not a simple matter.
Answered on Jul 18th, 2013 at 2:54 AM
Real Property Law Attorney serving San Francisco, CA
at
Law Office of Barbara A. Goode
Update Your Profile
If you feel that a government employee assaulted and hurt your son you should consult an attorney right away. You have limited time to give a notice of claim before you can file a lawsuit. Lawsuits against government or quasi government entities are subject to special rules, including the requirement that a notice of claim be sent to the entity prior to filing a lawsuit. The timelines are short so act quickly.
Answered on Jul 18th, 2013 at 2:53 AM
Technically you do. You can take civil or criminal action against the city employee. But from a practical standpoint it depends on how bad he was injured whether anyone will do anything about it.
Answered on Jul 18th, 2013 at 2:53 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Potentially, but most probably your action will be limited to the individuals unless they were actually acting for the city. Generally a city is not liable for the criminal of tortuous independent actions of their employees. If you are in Michigan please call my office to engage us and with details.
Answered on Jul 18th, 2013 at 2:53 AM
Sure, you can sue the City and its employee. You must file a claim with the public entity within 6 months of the incident, they will very likely deny the claim, and they may argue that the employee was not?acting in the course and scope of employment.? You likely will need an attorney to represent you.
Answered on Jul 18th, 2013 at 2:51 AM
Personal Injury Law Attorney serving Naperville, IL
at
Law Office of Barry R. Rabovsky
Update Your Profile
We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Jul 18th, 2013 at 2:51 AM
Thomas Edward Gates
Yes, you can take legal action. But, first you need to make a claim with the city. Once they deny the claim you can proceed with your lawsuit. File a police report if one has not been filed yet.
Answered on Jul 18th, 2013 at 2:50 AM
DUI Attorney serving Grove City, OH
at
Law Office of John G. Galasso
Update Your Profile
You need to file a police report and then go forward filing criminal charges.
Answered on Jul 17th, 2013 at 10:49 PM