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Had a fight with roommate last night while she was drunk. She fell down stairs. Blames me. I did not harm her. Can I be sued?

Chattanooga, TN |

She has minor injuries and scrapes but blames me because she can't remember last night. I would never purposely harm her. Could I be at fault?

I used the wrong email address.

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Attorney answers 5

Posted

You can be sued.

There's typically an exclusion in renter's insurance policies for coverage when injuries are caused by members of the same household.

Posted

Yes you can be sued. Anybody can sue anybody in America.

Can you be SUCCESSFULLY sued by your roommate? I don't think so. Has your roommate told anybody else that she cannot really remember what happened? Well, there's your key witness. Your roommate is very unlikely to successfully sue you for causing her damages where (1) she does not remember what actually happened; and (2) she was drunk and fell down the stairs.

If you want to discuss this further with me, send me a note. Attorney Jere Franklin Ownby JOwnby@OwnbyLawFirm.com 865-633-6633

Posted

Yes.

Posted

Yes.

Attorney Lewis represents clients nationally and is licensed in Florida, Illinois, Kentucky, Ohio, Pennsylvania and Tennessee. THIS ANSWER IS PROVIDED AS A PUBLIC SERVICE FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS LEGAL ADVICE. PROVIDING THIS INFORMATION DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP NOR IS ANY INFORMATION SHARED CONSIDERED PRIVILEGED OR CONFIDENTIAL. AS WITH ALL LEGAL MATTERS, YOU SHOULD CONTACT AN EXPERIENCED ATTORNEY WHO IS LICENSED IN THE APPROPRIATE JURISDICTION AND BE AWARE THAT THERE ARE TIME LIMITS AND PROCEDURAL REQUIREMENTS FOR ASSERTING POTENTIAL CLAIMS.

Posted

Sure, not only could she "try" suing you civilly, she could also try to bring criminal charges against you.
You did not describe what you mean by "a fight." Was it a physical altercation or just verbal? At this point you should keep that answer to yourself!
In either case--civil or criminal--she would have the burden of proof. She would have to show what you did that caused her to fall. If she cannot remember (and you do not help) then that will be a problem for her.
You best recourse here is to smooth this over. You live with her, it's not like you can avoid her. I'm sure you are sorry for whatever happened and perhaps you can apologize for what happened without admitting anything. If you were drinking also perhaps you do not remember all the events that clearly either.

If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

Arnold Garson Cohen

Arnold Garson Cohen

Posted

Mr. Fabiano's comment is excellent.