QUESTION
Is there any legality regarding age if friends in a fight age 67 and 72?
Asked on Sep 22nd, 2012 on Personal Injury - Virginia
More details to this question:
Friends in a bar 72 yr old threw an ashtray at 67 yr old after verbal argument 67 yr old hit 72 and knocked him to the ground. Can he sue 72 yr old and for what? Paramedics were called and both 67 yr old with cut on hand and 72 yr old had cut lip. No charges pressed at that time.
13 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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People do foolish mistakes at any age (especially in a bar), and being near 70 years of age does not absolve them of responsibility for them (unless an intensive use of alcohol-serving facilities helped them become senile). The question here, though, is whether one of them wants to compound the mistake he already made with another foolish act. If he does, he can sue - for personal injury, medical expenses, pain and suffering, and whatever other damages his creative attorney can come up with. After the dust settles, after the court fees and attorney fees, and recoupment of the medical costs by his medical insurance company, he might end up with a couple of bucks in his pocket (or out of it), and a bitter disappointment in the legal system. One result he can expect for certain: that he will end up without an old friend, perhaps, more than one.
Answered on Sep 28th, 2012 at 12:42 AM
There is no age limit on being sued for assault, but the question in this case is whether or not a lawsuit would make sense from a monetary standpoint. Do the damages justify the court's time?
Answered on Sep 27th, 2012 at 11:40 PM
Ronald A. Steinberg
Hey, dude, this is not the game of Monopoly, where you get a "Get Out Of Jail Free" card. No matter what your age, if you did something (or failed to do something) which was a direct cause of injury to someone else, then you are responsible. PERIOD!!!! Age has nothing to do with it!! If a couple of old farts are throwing stuff around, causing harm to others, then they should be locked up in a funny farm.
Answered on Sep 27th, 2012 at 11:31 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Age means nothing unless minors.
Answered on Sep 27th, 2012 at 11:28 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The 67 year old could sue the 72 year old for assault and battery.
Answered on Sep 25th, 2012 at 11:55 AM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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The victim can sue the aggressor for battery, regardless of age or who is older.
Answered on Sep 24th, 2012 at 4:03 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Bar fights usually come to naught in court. Judges and juries don't care for bar fights. They figure you get about what you deserve in a bar fight. Doesn't matter how old the fighters are. either could sue the other for assault but good luck on finding a lawyer who would take such a case
Answered on Sep 24th, 2012 at 4:03 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It's an assault, so theoretically the answer is "yes". But, bar fight cases are very difficult: each party has his own version as to what happened, nobody will admit to having seen anything and either the injuries are so slight that it's not worth pursuing, or they are so severe that nobody has assets that could be used to satisfy a judgment.
Answered on Sep 24th, 2012 at 3:22 PM
The seventy two year old can file a complaint against the sixty seven year old man on several causes of action: assault and battery, harassment and possibly intentional inflection of emotional distress. Furthermore, charges for elder abuse can also be filed as well, which you can do through your local elder abuse offices. Moreover, the seventy two year old can also try to sue to recoup any medical expenses incurred as a result of this injury.
Answered on Sep 24th, 2012 at 3:22 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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senior citizens are convicted of crimes and go to prison every single day.
Answered on Sep 24th, 2012 at 3:21 PM
Thomas Edward Gates
He can be charged with assault 4. Age is not a consideration.
Answered on Sep 24th, 2012 at 3:19 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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Sounds like a mutual affray and I doubt that either could win a case against the other.
Answered on Sep 24th, 2012 at 3:18 PM