Can I be sued for damages to car during fight with no evidence that I did the damage?
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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
fees/hassle?
Asked on May 16, 2016 under Business Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 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.
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