Legal Question in Criminal Law in Missouri

injury at home of social host

my 19 yr. old grandson went to a friends party at his home where he lives with his grandfather, he has lived there since he was a small boy, there was drinking the others there were all between 16 and 22, the friend got mad at a girl at the party and chased her into the yard was pushing her my grandson ran after him saying for him to leave her alone you have been in enough trouble the friend told him not to worry about it he proceeded after the girl my grandson tried to stop him when his ,''friend' started punching him then another boy held him while he kicked and stomped my grandson. when he finally got away they through rocks at him and said if you go to the cops we will kill grandson had to be taken to the emergency room have 2 cat scans and the next day oral surgery and his jaw wired, the girl and 2 guys have made statements the police have talked to my grandson but he hasn't written a statement yet because his hand is swollen and both eyes are black and swollen.they have not arested anyone yet not the 2 boys or the grandpa. they say they are investigating but we aren't sure we have contacted a lawyer but have not yet heard from her because she has been in court. is there anything else we need to do that we are missing?

Asked on 7/17/09, 1:25 am

2 Answers from Attorneys

Michael Harvath Harvath Law Offices-INJURY case representation

Re: injury at home of social host

Hi. I am an injury attorney that handles claims throughout the state. This situation, based on the facts you conveyed, involves multiple liable parties, as well as multiple criminal violations and even multiple civil causes of action. What you should first understand is that the criminal and civil system are separate and independent of each other. Any criminal charges pursued (and there appear to be several possibilities here) will be brought by the prosecuting attorney's office. You will not have to hire a lawyer to press criminal charges, though an attorney may assist you with the process to some extent. However, the parties responsible for assaulting your grandson, in addition to being criminally liable, are also liable in the civil system. A claim for compensation for the costs of your grandson's medical treatment and pain and suffering is a civil claim, not a criminal claim. The criminal system will impose sanctions (jail time, etc...), but it cannot compensate you or your grandson for your loss. You will need to pursue a civil claim to recover damages. There appear to be numerous potential civil claims here, including battery and negligence. In addition to the attackers being liable, the grandfather could potentially be held liable, and a claim may exist against his homeowners' insurance (if he carries it), for his negligence in allowing minors to drink on the premises. The police report would have to be looked at carefully, and witness statements examined. I would be willing to take a look into this. However, you should not delay. For a prompt response and a free evaluation and assessment of what needs to be done, you can e-mail me at [email protected], or contact me at the number listed in my attorney profile. Thank you.

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Answered on 7/17/09, 4:25 am
Anthony Smith LawSmith

Re: injury at home of social host

If you have already retained that attorney you are waiting on, we cannot give you advice specific to your case. If you have nto yet retained counsel, then you may contact one of us directly in your area. If I cannot presonally assist you I may refer you to someone in our area who can.

In a general sense, it sounds like you are doing what you can. His health is the most important part of this. Please keep up with his treatment.

Good Luck

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Answered on 7/17/09, 8:48 am

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