Legal Question in Personal Injury in California

Re: Being sued for an assault on my property

if you were not involved in the assault and/or battery personally, there is a very slim chance the plaintiff can recover against you if you have a good defense attorney. intentional torts like assault rarely attach vicarious liability even if you were the property owner. a good defense attorney should be able to shatter the case against you. if you want further legal assistance or representation, contact me today to get this matter behind you. [email protected]

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Re: Being sued for an assault on my property

The answer depends upon why he says you are liable. You say that he claims you pushed him, but he will have to prove this. He will have the burden of proof but, if there were no witnesses and if your brother doesn't testify the way you expect, his testimony might persuade the judge or jury.

He might also be alleging other theories of liability against you. For example, he might allege that his injuries were made more severe because of the manner in which you maintained the wall. I would want to know more about his complaint before I could offer a comprehensive assessment of your liability.

Unfortunately, you will likely not be able to make this case go away quickly. His allegations may be false, but you will have to prove them false in order to get out of the case before trial. Since he has alleged facts sufficient to state a cause of action against you, the case cannot be thrown out as readily as you would like.

If he seeks to hold you responsible simply because you are the homeowner he will probably lose. Homeowners are not responsible for the intentional, wrongful actions of third parties on their property. As always, though, there may be particular facts about your case which make this general rule inapplicable here.

If you have homeowners insurance, let them know about this complaint right away and see what they say. Many policies provide coverage -- including legal fees -- for cases like this one.

Re: Being sued for an assault on my property

Thank you for your posting.

You may have been sued under the theory that you failed to protect, OR because the homeowner's insurance policy covers your property, or just because the attorney has a "sue everyone, ask questions later", type of policy.

You can defend it, tender it to your insurance company to handle, or claim bankruptcy.

I hope that this helps, but if you need additional information, have other questions, or feel that you need legal representation, please feel free to contact me directly via email at [email protected]. I�m happy to help in any way that I can, and best of luck.

Re: Being sued for an assault on my property

He claim that both of you pushed him is the basis of the suit. It is a swearing match, his word agains yours. Be sure to give the lawsuit to your homeowners insurance co.