Assaulting or attacking someone (battery) is a criminal offense and punishable by imprisonment and fines, but it also can be the basis of a personal injury lawsuit. Under Michigan law, you have the right to sue the perpetrator for recovery of damages. Often, though, the wrongdoer might have limited assets, and trying to sue them would be a lost cause. However, if the incident occurred on a private, public or business property, you may be able to file an injury claim against the property owner if their negligence contributed to the attack. If you or your loved one were assaulted in Monroe while in a parking lot or hotel, for example, you may be able to recover damages. An experienced injury attorney at Gallon, Takacs, Boissoneault & Schaffer Co., L.P.A. can investigate your case and help you determine — and ultimately prove — if negligence on the property owner’s behalf lead to your incident. Call us today to schedule a discrete, no-cost, no-obligation consultation.
Assaults are verbal attacks and threats that make the victim fearful of imminent harm. Threatening physical harm, advancing towards someone in a menacing way, pointing a weapon at them and bullying are all examples of assault. Battery, on the other hand, involves physical attacks. Examples include hitting, punching, pushing or otherwise intentionally making harmful contact with another person.
Both actions are considered “intentional torts,” which is legal terminology for wrong acts that cause others harm. Michigan law provides that victims of intentional torts can hold the wrongdoer liable for damages in civil court. The types of damages that are compensable in a civil suit for assault or battery include:
In many civil cases for assault- and battery-related injuries, victims sue a business owner on the basis of negligent lighting or security. Business owners have a legal duty to ensure their premises are kept reasonably safe so as not to endanger visitors. Poor lighting and inadequate security can create the perfect atmosphere for an assault or attack. This can happen anywhere, such as hotels; apartments and condominiums; shopping centers; bars and nightclubs; restaurants; office buildings and commercial centers; private facilities; public facilities; and parking lots. If the property owner could have prevented the attack and did not, s/he might hold liability for assault or another crime in Monroe.
In order to have a valid personal injury claim against a property owner, there are several elements that must be present:
You should consider speaking with a personal injury attorney at Gallon, Takacs, Boissoneault & Schaffer Co., L.P.A. to determine all liable parties and the compensability of your injuries. Our firm is able to help file the applicable claim or lawsuit and help seek justice and reparation with the civil court system. Note, any pending criminal cases against the wrongdoer have zero impact on your case. If charges have been filed, whether or not the prosecutor’s case prevails against the defendant will not affect your eligibility to file a claim nor determine how the judge/insurer decides your case.
If you or your loved one were attacked or assaulted in Monroe, you are encouraged to call our legal team right away. We will help you understand and exercise your legal options for recovery. Contact us at 419-843-6663 or fill out our online contact form and schedule a free consultation.