Legal Question in Personal Injury in Michigan
My friend and I were both shot at a party recently and almost died. The house we were at was not the shooter's. Can we sue anybody in this case to cover medical costs? City? Homeowners insurance? The suspect is currently in jail and does not appear to have a dime! Is this something I should pursue?
2 Answers from Attorneys
The only way you can successfully sue someone is if you can show their fault in the matter. You gave no facts that would indicate that the incident was anyone's fault other than the shooter. Therefore, unless you can show that the homeowner was somehow responsible for what happened (and I mean more than simply owning the location), then there is no basis for a suit against anyone other than the shooter.William S. Stern
The "facts" that Bill Stern is referring to might be the knowledge that a guest brought a loaded gun into a house full of people without asking the guest to check it or lock it. Without notice to the homeowner that the gun was brought in, no case. Homeowners insurance coverage might cover an accidental discharge of a gun (doesn't seem to be the case here) or the homeowner's negligence in knowingly allowing the gun to be brought into his house. The homeowner's knowledge or lack thereof of the shooter's prior acts or propensities might also come into play.