Can I sue the homeowners for having an underage drinking party where my child was sexually assaulted? 22 Answers as of January 08, 2014

My 17-year-old daughter went to a sleepover with her cheerleader friends and it was later discovered the parent knew there was underage drinking. It was also discovered my child was sexually assaulted while all the kids at this party were passed out on the floor of her house. The boy was later found guilty and nothing was ever done about the adult hosting the party. Can she be held liable for anything?

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Kirby G. Moss PC | Kirby G. Moss
Often, these adults in these situations can get in criminal trouble. Conceptually, the adult could be liable depending upon the evidence of their involvement.
Answer Applies to: Indiana
Replied: 1/8/2014
Vasilaros Legal,LLC
Vasilaros Legal,LLC | Steven T. Vasilaros
Yes, in Florida, there is a specific statute that makes a homeowner criminally (and Civilly) liable for damages that arise from activities involving underage drinking if the homeowner knew of the drinking.
Answer Applies to: Florida
Replied: 1/6/2014
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You can sue as long as you have the $ 5000 retainer for the attorney.
Answer Applies to: Georgia
Replied: 1/6/2014
The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Potentially yes. When did this happen? There are different statutes of limitations that would apply to different legal theories of recovery. But, do not delay, as much needs to be done before a matter like this can be pursued. It should absolutely be looked into.
Answer Applies to: Michigan
Replied: 1/6/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
There may be some sort of law suit there.? Contact a lawyer that deals in premises and host liability.
Answer Applies to: Michigan
Replied: 1/6/2014
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    In Michigan, probably not, as to the drinking, as I found out in court. If the parents had knowledge of assaultive behavior of the kids, then perhaps.
    Answer Applies to: Michigan
    Replied: 1/6/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Yes, you should consult a P.I. lawyer.
    Answer Applies to: California
    Replied: 1/6/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You can sue the adult if the adult knew.
    Answer Applies to: North Carolina
    Replied: 1/6/2014
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Yes if they were negligent
    Answer Applies to: Nevada
    Replied: 1/6/2014
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    Yes, to the extent that the parent(s) knew that alcohol was being consumed and that kids had passed out on the floor and did nothing to guard against an assault, they can be held liable for the injuries caused by the underage assailant who had been consuming alcohol on the premises.
    Answer Applies to: Washington
    Replied: 1/6/2014
    Steven Meyer | Steven Meyer
    I'm sorry to hear about what happened to your daughter. There may be a claim against the owner of the home. You really need to speak right away to an attorney in your area who is experienced in handling this type of claim. There are strict time limits for filing a claim in court.
    Answer Applies to: Florida
    Replied: 1/6/2014
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If they knew about the alcohol, yes, you can sue them civilly. I would definitely seek out an attorney.
    Answer Applies to: Washington
    Replied: 1/6/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Yes. I strongly suggest you contact an experienced personal injury lawyer.
    Answer Applies to: Alabama
    Replied: 1/6/2014
    Law Offices of John W. Merting, P.A.
    Law Offices of John W. Merting, P.A. | John W. Merting
    Yes, the homeowners insurance policy may provide coverage.
    Answer Applies to: Florida
    Replied: 1/6/2014
    Law Offices of George H. Shers | George H. Shers
    It would be your daughter who could sue. It certainly seems that she would have a case and that the homeowners insurance policy might cover the damages for negligently allowing the underage drinking and the boy to be present.
    Answer Applies to: California
    Replied: 1/6/2014
    Ganim Injury Lawyers | George W. Ganim
    You can sue the owner of the house and the person that assaulted your daughter.
    Answer Applies to: Connecticut
    Replied: 1/6/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Probably. Does she have the money to pay? Is there homeowner's or liability insurance? Talk with a local attorney about the situation. One last thought: how will this affect your daughter to have to keep bringing this up?
    Answer Applies to: Idaho
    Replied: 1/6/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You can, or if your daughter is now 18, she can. See an experienced personal injury lawyer in your area ASAP. Keep in mind, though, your daughter will have to explain what happened, sign affidavits, undergo depositions, etc. This will be uncomfortable, to say the least.
    Answer Applies to: New York
    Replied: 1/6/2014
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    I sued a parent for negligent supervision having to do with a ski trip. The underaged child went off the end of the slope, broke her neck and died after hitting her head on a rock. The supervising parent was not present doing what is required to supervise. So you may be able to pursue a claim against the parents.
    Answer Applies to: Iowa
    Replied: 1/6/2014
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Subject yo numerous factors.... yes.
    Answer Applies to: Connecticut
    Replied: 1/6/2014
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    There are areas of liability to the host parents for knowingly allowing alcohol at a party and possibly for the sexual assault, depending on the overall circumstances of the events.
    Answer Applies to: California
    Replied: 1/6/2014
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