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  1. #1
    Join Date
    Jan 2009
    Posts
    20

    Default My Son Was Assaulted by 4 People - What I Can Do

    This all happened in the state of TX.

    My 20 year old son was at a party. I am not sure exactly what happened, but my son ended up getting attacked by his now ex-friend (lets refer to this ex-friend as Mark), Mark's father (a 40+yr old man), Mark's uncle (a 30+yr old man), and Mark's cousin. All 4 of them had him on the ground and totally beat him up completely and repeatedly. My son came home in tears with a bloody nose and his face/nose was extremely swollen. This all happened in their front/back yard of Marks house.

    My son says that Marks uncle was the one who threw the first punch, so he fought back trying to defend himself against a fully grown adult man 20+ years older than him. And once that fight started, Mark and his father and cousin joined in on the fight and just totally beat him up.

    I havent taken him to the doctor yet to see if there are any injuries as this happened last night. I am worried his nose my be broken, it was extremely swollen and he says it hurts badly. Is there any way I can take legal action against Mark and his family for this? Or atleast legally force them to pay for any medical bills that may arise because of their assault and injuries caused to my son while on their property? It all happened on Mark's families property, after they agreed to let my son in their house and whatnot. Is it the same as if someone were to get injured in a school, where the school would be liable for the damages?

    Any and all responses are appreciated.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: My Son Was Assuled by 4 People. is There Anything I Can Do

    Good heavens, call the police and have those thugs brought up on assault charges! Beating people up is illegal!

    And yes, hire an attorney and sue for the cost of the medical bills. Take pictures of his injuries, and be certain to sign the release to allow your attorney access to the medical records.

  3. #3
    Join Date
    Jan 2009
    Posts
    20

    Default Re: My Son Was Assaulted by 4 People - What I Can Do

    Well the only thing that worries me is the fact that my son (a 20yr old college student) was at a party with a bunch of other people his age, so I would be very surprised if there wasnt underage drinking involved at the party.

    Would I still be able to sue them if it turned out there was alcohol at the party? I would imagine if there was alcohol my son would have been drinking it along with everyone else, and he still has a year to go before he is legal. Would this 'void' the case in a sense? I dont want to end up getting my son charged for underage drinking, could that happen if it turned out he was drinking at the party and we sued them and their lawyer brought it up in court?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: My Son Was Assaulted by 4 People - What I Can Do

    Would I still be able to sue them if it turned out there was alcohol at the party?
    Yes.

    Beating someone up is still illegal, even if the victim was falling down drunk, stoned out of his gourd, and well underage. Your son being underage and drinking does not void the crime of assault.

    Pardon my forthrightness, but not calling the police and pressing charges because your son might have been drinking is dumb. If he has injuries serious enough that he requires medical care - and you really need to have him checked out! - the police need to be called, period.

    It seems to me that it would be a little late for him to be cited for underage drinking, as no police arrived at the party, but that's a question for the attorney you really need to be consulting about this.

  5. #5
    Join Date
    Jan 2009
    Posts
    20

    Default Re: My Son Was Assaulted by 4 People - What I Can Do

    Quote Quoting LawResearcherMissy
    View Post
    Yes.

    Beating someone up is still illegal, even if the victim was falling down drunk, stoned out of his gourd, and well underage. Your son being underage and drinking does not void the crime of assault.

    Pardon my forthrightness, but not calling the police and pressing charges because your son might have been drinking is dumb. If he has injuries serious enough that he requires medical care - and you really need to have him checked out! - the police need to be called, period.

    It seems to me that it would be a little late for him to be cited for underage drinking, as no police arrived at the party, but that's a question for the attorney you really need to be consulting about this.
    Ah ok, I see now. Yes I plan on taking him to the doctor today (it happened just last night) to make sure there are no serious injuries. My main concern is that his nose might be broken, which isnt really all that serious I suppose. The only reason I doubted calling the police is because the injuries didnt seem too serious, and I didnt want him to end up getting charged and having that on his record unless it was something serious. But since you say even if he was drinking it wouldnt void the crime, then I think I will get the police involved.

    As far as the police go, I think they actually did come to the party. But by the time they had arrived, my son had managed to get away from the assailants and make it to the safety of his truck and leave. Could this have any affect on things (the fact that the police came, although my son was gone by then)?

    By the way, thank you very much for your help. Youve pretty much answered my questions right on the dot.

  6. #6
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: My Son Was Assaulted by 4 People - What I Can Do

    Sometimes a broken nose isn't serious. Other times it requires expensive surgical correction.

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