QUESTION
Does threatening to sue for his accident a blackmail and extortion and if so, what are my options?
Asked on Dec 03rd, 2015 on Personal Injury - Michigan
More details to this question:
Two years ago, we had a "friend" (he is like 47 years old) come to our residence to show us a new dirt bike he just bought. My son races motocross so we have a dirt bike in back of our property. Before this said friend was leaving, he said he wanted to try the track. My husband, myself and my son all 3 told him no he could not- (he hadn’t been on a bike in years). He acted like he was leaving then went out there and broke his hip just as soon as he hit sand. I own a construction business (corporation). This said friend and our company had an agreement with him to help to do a roofing job for a set amount of money. This was in April- May 2015. He was paid in full at that time. He helped with us throughout the year with different jobs. He did a job last month under our business got cash from the homeowner and never paid us. So when we asked where the money was, he said we owed him money from the roofing job 9 months ago. After I told him he was already paid in full with the amount he asked for, he was angry and said we ripped him off and is now threatening to sue us for his accident.
2 ANSWERS
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Anyone with the filing fee can sue you. However if you have a beef with him, then you must counter sue at that time or run the risk of having your claimed barred. The facts of the case with him not being experienced on a dirt bike are defenses not a bar to suit. Good luck.
Answered on Dec 14th, 2015 at 4:04 PM
Ronald A. Steinberg
First of all, when you told this jackass "NO," he became a trespasser. Under Michigan law, you do not owe him any responsibility, except that you can not set up a booby trap. So if he did the bike on your property without permission, he is entitled to NADA, ZIP, NOTHING. In fact, technically, you could sue him for trespassing on your property. However, since a homeowner's insurance company provides you with a lawyer, along with paying any money to settle or otherwise resolve the claim, I would put your homeowner's company on notice. If he is threatening to sue as a way of trying to get money from you, that is extortion, and you can contact the police.
Answered on Dec 14th, 2015 at 4:03 PM