If I was having a party at my apartment but 2 of the guests got into a fight and damaged a wall, can I sue them for damages?

One of the guests were drinking alcohol, one wasn’t. The estimate is about $450 and I told them I would pay part of the amount but thought they should both chip in since they were both equally at fault. There were 6 witnesses to the fight.

Asked on July 9, 2012 under Real Estate Law, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, if you are responsible ultimately for the damages at the rental that you occupy to your landlord but the cause of the damages that you have written about is due to a fight between two (2) of your guests who got into a fight and ended up damaging a wall, then these two (2) guests from the facts that you have written are legally responsible to pay for the damages they caused.

As such, you appear to have a factual and legal basis to sue these two guests in small claims court for the $450.00 repair estimate if they will not voluntarily come up with the money for the repairs.


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