Can I sue both the property owner and the business he owns under the same address for his children assaulting my 18 year old? 9 Answers as of May 05, 2014

My son attended an after prom party with all under aged kids, where parents were present and was jumped by the property owner's two sons amongst approximately 20 more and was beaten badly with bats, chains and beer bottles. My son suffered a fractured nose, multiple contusions and hematomas on his head to name a few he's suffered. I want to hold the property owner accountable for his kids actions, serving of alcohol, not having called 911, nor was there an attempt made to stop the attack against my son. What is the likelihood my son will be compensated for what he has suffered? My son is pressing charges and testifying along with two witnesses that eventually were attacked as they fought back in defense for my son and most probably saved his life by doing so.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
No. You file criminal charges against the kids.
Answer Applies to: Michigan
Replied: 5/5/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
If your son is 18, he can sue, not you.
Answer Applies to: California
Replied: 5/1/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
You can sue the property owner. There must be a reason the business is at fault to name the business in a lawsuit.
Answer Applies to: California
Replied: 5/1/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
If the property owner has money are at least a good liability insurance, probably pretty good. I don't think the company was a party to the fracas, but you can add it to the lawsuit. If there is no money or liability policy, then it probably won't do any good.
Answer Applies to: Idaho
Replied: 5/1/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Be sure restitution is made part of any judgment or plea bargain made. Intentional and criminal acts are not covered by insurance, so pursuing civil charges can be legally tricky. Consult a personal injury lawyer familiar with homeowner's claims of this kind.
Answer Applies to: Alabama
Replied: 5/1/2014
    Graves Law Firm
    Graves Law Firm | Steve Graves
    If the 18 year-old is a member of his parents' household and they have a homeowners' insurance policy, the 18 year-old himself may be covered. See a lawyer.
    Answer Applies to: Texas
    Replied: 5/1/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Parents are not responsible for the torts of their children. But the serving of alcohol to minors might be the key to some level of success against the parents. See a good PI lawyer. you might also suggest to your son that he not participate in drunken brawls with worthless kids. Tell him to find some new friends(maybe he has already figured this out)
    Answer Applies to: North Carolina
    Replied: 5/1/2014
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    How long ago was the incident and what type of business does the landowner have?
    Answer Applies to: Illinois
    Replied: 5/1/2014
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    Assuming all facts that you relate are true and provable, the parents would most likely have some culpability for the reasons stated in your email. If the parents have homeowner's insurance, I would definitely pursue this claim. If they are not insured, it may ultimately be very difficult to collect any money unless the parents are collectible. Also, in Ohio, parents have be held civilly lable for the intentional criminal acts of their minor children. You could also consider filing a claim with the state Victims of Crime Compensation Fund.
    Answer Applies to: Ohio
    Replied: 5/1/2014
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