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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.