Legal Question in Personal Injury in Wisconsin

injury during a fight

My 19 yr old college son punched his roommate in the jaw after the roommate threw him into a wall. (That was the first contact.) The roommate has three broken teeth. How responsible is my son for the dental damage done which will cost $4,000-$9,000?

Asked on 11/04/07, 10:07 pm

2 Answers from Attorneys

Michael End End, Hierseman & Crain, LLC

Re: injury during a fight

It depends upon how a judge or jury reacts to the facts. If the other person convinces the judge or jury that your son over-reacted by intentionally hitting the other guy, your son could be found liable for the damages. Those damages could include more than just the bills. Damages might also be awarded for the other person's pain, suffering, and disfigurement. Depending upon the proof, it is possible that your son could be liable for punitive damages. Again, this is all dependent upon the facts of the case.

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Answered on 11/05/07, 12:12 am

Re: injury during a fight

Unless your son has a defense, he will be liable for the damages. Defenses include self-defense, provocation, etc. I suggest contacting all witnesses who could testify as to the defenses and gather any information that could provide a defense so that your son is prepared in case of a lawsuit. Good luck.

Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm.

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Answered on 11/05/07, 10:26 am

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