Legal Question in Personal Injury in New York
This question is for a novel I am writing.
Is the following situation governed under tort law?
A woman goes to a man's apartment. His flirtation turns into discomforting innuendo resulting in a physical struggle between them. In order to defend herself the woman breaks or destroys several of the man's museum-quality possessions. She also injures him by striking him with a small bronze sculpture. (She sustains a torn ligament in her knee only.)
She refuses to charge him with assault and battery.
Could he sue her in civil court for damages and her excessive use of force, resulting in his injury?
If so, I would assume that the events of the evening leading up to her damaging actions would have to be included in the trial?
Thanks. Liz
1 Answer from Attorneys
He could sue her, but she would be able to argue self-defense. The trial would then be about whether the force she used was reasonable under the circumstances.
Related Questions & Answers
-
If I have a car accident in 2008, can I be sued in 2011? Asked 2/01/11, 4:42 pm in United States New York Personal Injury Law and Tort Law
-
I work at a hospital and i slipped and fell ? not sure what to do Asked 1/31/11, 11:47 pm in United States New York Personal Injury Law and Tort Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
