“My son had a card game at his home last night. Two young men got into a fist fight. One fell backward over the couch and injured his face. He told my son that he’d better have homeowner’s insurance (he does). But, is my son liable? Or is the one man who punched the other man liable?”

The premises liability insurance may very well exclude intentional wrongful acts. Sure, the actual fighter would be liable for his own actions. However, a theory of liability towards your son could also be developed if he knew he had created a dangerous condition, failed to warn of that condition and the injured person had no knowledge of the dangerous condition. If the person in the fight had no assets to pursue, I would not be surprised if the injured person came after your son.

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Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.