Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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?”
Question: 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.
