Can I be sued for damages to car during fight with no evidence that I did the damage?

UPDATED: Sep 30, 2022

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Can I be sued for damages to car during fight with no evidence that I did the damage?

There were 2 groups of friends involved in a brawl outside of a bar. I was arrested and charged with underage and disorderly conduct. A month after brawl, the bouncer is suing me for damages to his car during the brawl. There is no video evidence of the brawl, so it is just him and his friends testimonies versus mine and my friends. Do I have a strong defense case or should I settle outside of court and just pay the damages to avoid all additional


Asked on May 16, 2016 under Business Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is evidence: the bouncer and his friend's testimony (testimony is "evidence"), for example; and also whether the nature of the damage appears to be damage that would be done during a brawl--if it is, it would support or corroborate his testimony that the brawl caused the damage. If he can show that the brawl caused the damage and you were part of the brawl, you could potentially be held liable (as could anyone else involved in the brawl). 
You can put on your own contrary testimony, of course; it may come down to who the court believes is more credible or believable.
If the damage is a few hundred dollars and you could afford to pay, you may wish to settle, since you could otherwise spend a day or more of your time and still possibly lose.  For more than that, it may be worth fighting.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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