I was the victim. Am I liable?

This is a discussion on I was the victim. Am I liable? within the Small Claims Courts forum, part of the ATTORNEYS, COURTS, LITIGATION category; This past Labor Day my family and my neighbors family were celebrating together. We were all drinking this night. Later ...

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Old Sep 14th, 2007, 11:08 AM   #1
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Confused I was the victim. Am I liable?

This past Labor Day my family and my neighbors family were celebrating together. We were all drinking this night. Later on my neighbor and I were playing a game which he lost at and so at around two in the morning I decided to go home. As I was walking back to my house with my family my neighbor ran up behind me, pushed me and saying he didn't understand. I don't really know what he meant. He pushed on me about four times so to get him to stop I gave him a little shot below the belt. His family and my family were all laughing because everyone thought it was funny. My neighbor didn't think so and said something out of anger. I turned to him and extended my hand because I thought it would stop his anger. He slapped my hand away so I turned and started to walk away. That's when I heard his wife yell at him to stop. As I turned my neighbor was running at me and began to throw punches. I clinched up with him and at that time his adult son grabbed me around my neck and body. As he did this I could feel myself falling backwards and we fell into a different neighbors car that was parked out on the street. The sons body is what actually hit the car but the force of us falling on it dented it. As I was being held on the ground by his son my neighbor was punching me in the face. A separate neighbor saw what was going on and pulled them off of me. I had a black eye and multiple abrasions to my feet and legs. When the police arrived I told them what took place because I felt I was attacked. The officer looked at my injuries and then started to talk to my neighbors. He then came back and asked if I wanted to press charges and I said no. He then said to just go in for the night. I have now found out that the neighbor who's car was damaged was told by the police that me and the neighbor who had run up on me are responsible for the damage being repaired. I don't feel this is the case. I never thought that I would be attacked by my neighbor or his son hold me down while I was getting punched. I was the only person with injuries and I didn't touch the vehicle. The officer also told the neighbor who's car was damaged that if he or I didn't pay it would be a criminal case. Something else I don't agree with. Am I liable for the vehicle damage? Or can I fight it. I feel I was the victim of a physical attack and now because of it a financial one as well. The neighbor who's car was damaged has threatened to sue if I don't pay. She also states that she had video. I told her that if she did she only needed to look at it to see that I was the one who was victimized. Any help would be greatly appreciated.
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Old Sep 15th, 2007, 11:32 AM   #2
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Default Re: I was the victim. Am I liable?

I think it would depend upon:
a. how many of the witnesses present you could muster to your side.
b. how the judge views the altercation where alcohol is involved no matter the degree of consumption.
c. since you were trying to extricate yourself from the situation, with witness support, may work in your favor.
d. the incident occurred while you were on your way home and the 'friend' came up to you from behind. With witness support, it would be battery by the 'friend' and his son.
e. other events that occurred while at the party.
f. attitude and demeanor of the plaintiff and defendant while in the courtroom.

Good Luck.
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