Legal Question in Criminal Law in California

Re: Can we be sued for traumatizing someone?

The simple truth is many people threaten to sue, but few ever go through with it. Even if they have the resolve to sue you in civil court, at this time all you can do is wait to be sued and then worry about preparing an answer to their complaint. In fact, you could counter sue for trespass, assault or battery.

During the trial, they will have to provide a justification for why the kid was privileged to be on your property and possibly further explain why he was fleeing from the cops. You also have some affirmative defenses in this case such as defense of property, defense of others, etc. Your homeowner's insurance may even pay for your defense or provide you with counsel.

In short, simply wait to see if they file anything against you, and then defend vigorously. Of course, you could also strike first and file a civil suit against the kid and the family for the cost to repair your fence. This would likely be a small claims action.

If you are sued or want to sue, and if we are in your area feel free to contact us for a free consultation.

Best of Luck!

www.NotGuiltyInCA.com

Re: Can we be sued for traumatizing someone?

You appear to be in the right, and you can certainly ignore the parents, and sue the kid and the parents in small claims court, but....

The BB gun was a dumb idea. If you're up against a criminal with a real gun, you're outgunned. If you had had a real gun, and fired hitting the kid, you would have probably unlawfully used deadly force.

If you are sued, call your homeowners' or renters' insurance carrier; and consider countersuing.

Re: Can we be sued for traumatizing someone?

The parents can sue you for assault and for intentional infliction of emotional distress, but it's hard to imagine that they would win. Your husband was entitled to use reasonable force to detain the young man for vandalism and for trespassing. Based upon what you have written, I'd say that's all he did.

Defending against such a lawsuit would be a pain, so hopefully the parents won't follow through on their threat. If they do, though, turn the matter over to your homeowners' or renters' insurance company. Most such policies include liability coverage under which you would be entitled to a defense attorney at the insurer's expense.

Good luck.

Re: Can we be sued for traumatizing someone?

Anybody can sue anybody for anything. Winning is a different question. That's the reality of life in our litigious society. They would be foolish to do so.

If they do, turn it over to your homeowners insurance; that's what you pay premiums for. The kid is lucky he didn't run into some of the people I know; they wouldn't have met him with a BB gun, and he'd have several large caliber holes in him; the parents might too with that kind of foolish confrontation.

You also have the right to sue the kid and parents [in small claims court likely] for the property damage and 'assault' on your husband. If they threaten you 'personally', you could file for a restraining order, to get their attention.