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Question about suing Homeowners for personal injury.

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veliusXI

Junior Member
What is the name of your state (only U.S. law)? Illinois

Hello, back in april I went to a party with my girlfriend, I didnt know anyone there cept my girlfriend and her two friends. Well at the party, about an hour in, 4 guys show up and everyone runs up stairs. I didnt know these guys or what they were capable of. When everyone ran upstairs, i felt i had to go to the bathroom, and when i went upstairs everyone was huddled in the bathroom including the homeowner. I asked what was going on, and the ppl up there said they were uncomfy with the 4 guys that showed up. So i looked over at the homeowner and asked him to ask them to leave ( I said "dude if you asked politely then they should leave i mean i would, if not call the cops!) Well he gave me a blank stare.. so i asked (do you want me to do it?) and he still didnt give me an answer so i said i will go ahead and ask them to leave and he didnt say anything (didnt try to stop me or say that he would call the cops etc, I had no idea what these guys were capable of, but i found out after the fact that everyone else knew these guys were trouble cept me..) Well i go downstairs and confront them by myself and asked them to leave politely. Two of them left and the other two stayed, so i said "ok guys i hate to do this but im gonna have to call the cops on behalf of the person who ownes the house. (at this time the homeowner was still upstairs afraid while everyone else was starting to come downstairs) I looked down at my phone and one of the guys sucker punched me and ran out. I had to have a 40 grand surgery to repair my head/face, and now have seizures. The kid who hit me was under age and was drinking, I think the homeowner should have did something and not me after i asked. After i got hit *I* called the cops, the homeowner didnt come downstairs till after the fact. My lawyer thinks he can sue the homeowner's insurance for liability cause he seemed very negligent at least to me. The state helped me with some of my med bills, but i want to sue for lost wages, mental suffering (i have had many seizures and now have to see psych cause of this :() I am 23 and the ppl that showed up were underage. I personally think that when i went upstairs and asked the homeowner about the prob he should have said he would take care of it, and that i shouldnt do anything if he knew how mean these kids were. Its like he was scared or something. He was reluctant to give me his homeowners stuff. I cant sue the 17 year old for much cause he has nothin really :/. I wasnt drinking and didnt cause a fight at all. I think the homeowner should have been the one to confront them. I even asked him and he didnt do anything. what do you guys think? There is more to this but this is the gist of it. I have tried to sue the kid who hit me, but since he doesnt have much im stuck :(. Lost work, lost my apartment for not working, have seizures now (grand mal), in constant pain from the plates and pins in my head, and constantly depressed from the incident and am taking meds not cause of it... what do you guys think? Thanks for the help!
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Illinois

Hello, back in april I went to a party with my girlfriend, I didnt know anyone there cept my girlfriend and her two friends. Well at the party, about an hour in, 4 guys show up and everyone runs up stairs. I didnt know these guys or what they were capable of. When everyone ran upstairs, i felt i had to go to the bathroom, and when i went upstairs everyone was huddled in the bathroom including the homeowner. I asked what was going on, and the ppl up there said they were uncomfy with the 4 guys that showed up. So i looked over at the homeowner and asked him to ask them to leave ( I said "dude if you asked politely then they should leave i mean i would, if not call the cops!) Well he gave me a blank stare.. so i asked (do you want me to do it?) and he still didnt give me an answer so i said i will go ahead and ask them to leave and he didnt say anything (didnt try to stop me or say that he would call the cops etc, I had no idea what these guys were capable of, but i found out after the fact that everyone else knew these guys were trouble cept me..) Well i go downstairs and confront them by myself and asked them to leave politely. Two of them left and the other two stayed, so i said "ok guys i hate to do this but im gonna have to call the cops on behalf of the person who ownes the house. (at this time the homeowner was still upstairs afraid while everyone else was starting to come downstairs) I looked down at my phone and one of the guys sucker punched me and ran out. I had to have a 40 grand surgery to repair my head/face, and now have seizures. The kid who hit me was under age and was drinking, I think the homeowner should have did something and not me after i asked. After i got hit *I* called the cops, the homeowner didnt come downstairs till after the fact. My lawyer thinks he can sue the homeowner's insurance for liability cause he seemed very negligent at least to me. The state helped me with some of my med bills, but i want to sue for lost wages, mental suffering (i have had many seizures and now have to see psych cause of this :() I am 23 and the ppl that showed up were underage. I personally think that when i went upstairs and asked the homeowner about the prob he should have said he would take care of it, and that i shouldnt do anything if he knew how mean these kids were. Its like he was scared or something. He was reluctant to give me his homeowners stuff. I cant sue the 17 year old for much cause he has nothin really :/. I wasnt drinking and didnt cause a fight at all. I think the homeowner should have been the one to confront them. I even asked him and he didnt do anything. what do you guys think? There is more to this but this is the gist of it. I have tried to sue the kid who hit me, but since he doesnt have much im stuck :(. Lost work, lost my apartment for not working, have seizures now (grand mal), in constant pain from the plates and pins in my head, and constantly depressed from the incident and am taking meds not cause of it... what do you guys think? Thanks for the help!
Why don't you listen to your attorney and ask him any other questions you may have?
 

veliusXI

Junior Member
I just wanted a second opinion. Plus I dont have an appointment with him for another 8 days so i am just anxious i guess... I have been going through alot of suffering.... just excited to get some relief i guess.... and wanted your input on the matter... thank you for any input.. I mean do you think I have a case?
 

FlyingRon

Senior Member
Your lawyer is full of crap. You don't sue insurance companies. You sue the homeowner. He will enlist the insurance company's assistance.

Of course, it remains to be seem what "negligence" the homeowner has here.
He's not responsible for you sticking your nose into the affairs nor the intruders slugging you. You can't fault him for not wanting to confront the intruders as by your very actions you've demonstrated while that was a bone headed move.
 

moburkes

Senior Member
Liability comes in to play and I'm not sure either, how the home owner was negligent. How did he know the person was going to punch you, and how was he responsible for someone else doing that?
 

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