Legal Question in Personal Injury in New York
I was drinking at a bar in Manhattan when a group of about 15 to 20 British Navy sailers in uniform came in. After about 30 minutes I was leaving with my friend. As I was waiting for my friend outside one of the aforementioned sailers was obviously intoxicated and was violently kicking (and damaging) the parked cars outside. He noticed me watching the vandilism, approached me, said "what are you looking at?" and took two swings at me. One hit my left arm causing only a scratch and the other only knocked my baseball cap off. I was not injured at all. His Navy buddies quickly intergected and quickly ushered him across the street and out of sight. As far as I'm concerned, nothing happened. My question is if those blows would have connected and caused serious or permanant damage could I have sued the British Navy. One of them told me before the altercation that they were only in town for a few days.
1 Answer from Attorneys
You could have sued the individuals, but had you sued the Navy the case would have been dismissed. Under almost every circumstance the Navy is not responsible for the off duty actions of its employees which are taken outside the scope of their employment.
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