CanI be sued for throwing a pamphlet in the air if it landing on a teacher by mistake?

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CanI be sued for throwing a pamphlet in the air if it landing on a teacher by mistake?

A few days ago (it was the last day of school) a few friends and I threw a couple of pamphlets (4 pages thick with a soft cover) in the air. 1 of the pamphlets went over the wall and landed on a teacher on the other side. The teacher was not injured in anyway, however she threatened to take us to court and ” take all our money”. Can she sue all of us for this incident? Is she allowed to threaten us with taking all of our money? If she has no visible injuries or no medical certificate to prove that she was hurt, is it considered a criminal offence? All of the students involved where 18.

Asked on April 10, 2011 under Personal Injury, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) Lawsuits are brought to recover for damages--e.g. for medical costs, lost wages, pain and suffering, or property damage. If she was not injured, she suffered no loss and has nothing to sue for. If she tries to sue, you might even be able to counterclaim against her for a frivolous lawsuit.

2) Criminal liability requires more than an action; it also requires criminal intent. Criminal intent is more than mere negligence or carelessness. From what you write, it would seem that there was no criminal intent.

So it does not appear, from your question, that there would be any grounds for legal liability. As for her threats...yes, people can generally make empty threats if they choose, or they can describe actions they will attempt to take (even if they ultimately fail).


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