need to help out my friend... - Posted by FrankYY

Posted by Bill on June 02, 2002 at 06:41:00:

Time for your friend to call a lawyer, and his insurance company. Most homeowner’s insurance has a liability component in it and the company might defend your friend (although sometimes they will roll over and just pay because it’s cheaper for them).
How about the self defense issue.
Yes, anyone can countersue or sue someone else.
If the tenant assulted your friend and he defended himself, well, that might be a good reason.
I’d also still evict this tenant immediately.

need to help out my friend… - Posted by FrankYY

Posted by FrankYY on June 02, 2002 at 02:18:43:

Shocking story… a friend of mine has a house not too far from a college town. He devided it up and lives in oneside and rents out the other side. One of the tenants he rented out to recently is a real monster partier who drove him insane up the wall every weekend from loud music, booz, people going in and out. This tenant is also a pretty big muscular guy who trained in the Marines.

Well, one day my friend felt he had enough of this drinking loud music stuff so he knocked on the guy’s door, told the big guy to come out, and said he’s filing for eviction.

Sadly, a drunkard being a drunkard, tensions built up voices got louder and they ended up in a fight… real physical hand-to-hand fight.

My friend told me that at first they were rolling on the ground and he was getting his head pounded, but having taekwondo training when he was younger, it didn’t take long before he got hold of the guy’s arm in a wrist lock…

The problem is that although he tried to maintain control from that point on… situation being the situation it was and adrenaline rushing : he UNintentionally “went a little too far” breaking the guy’s arm (til a small piece of bone was protruding through the skin.) geez…

Needless to say, both were arrested and got out on bail
but my friend is being sued big time on several charges.
Knowing my friend, although he’s an aggressive guy, I know he’s not the kind of guy who would intentionally hurt anyone.

How much does it typically take in a situation like this to avoid a criminal charge?
(assuming it’s possible to avoid a criminal charge.)

Is it possible to counter-sue, if so, on what grounds?