Legal Question in Personal Injury in Michigan
Drunk Visitor
My son's drunken friend (22 yrs old) came to our house after the bar. My son was sleeping but woke up and let him in. Due to the friend being so highly intoxicated, he lost his balance and fell through our glass top kitchen table and broke his ankle. Now he is threatening to sue. Can he? Can I sue him in small claims court to recoup the cost of my table and chipped ceramic floor? Doesn't he have some responsibility to maintain himself in my home whether he is drunk or not? He filed a police report one week after the fact and he stated he accidentally fell into the table and it was not intentional?
2 Answers from Attorneys
Re: Drunk Visitor
You must IMMEDIATELY report this incident to your homeowner's insurance company to protect yourself. They will assign an attorney to handle this case for you.
Re: Drunk Visitor
If he sued, your homeowner's insurance company would defend the lawsuit. If you do not have insurance, then you'd have to retain a lawyer. His intoxication and own "contribution" to the accident would be your defense, and it would be up to the judge or jury to determine whether he should be permitted to recover or not. If there was nothing unusual or dangerous about the placement of your coffee table, the case would like be dismissed under the "open and obvious" doctrine. Him filing a police report makes no sense, as there was nothing criminal involved unless he was going to accuse someone of pushing him into the table. He sounds like a psycho that you should not let into your house again.
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