@ a party Sat., one of my roommate’s friends challenged anyone to box him in the living room. There was only 1 set of gloves, so we had to share them. We were both very intoxicated. Someone put the left-handed glove on me because I couldnt get it on, but Im right handed. As it began, we both hit each other with the gloves at the same time, but instincts took over and I immediately threw my right bare hand and hit his head. He fell. On the way down he hit the back of his head on a glass table and was unconscious for about 5 min. His brother was there and is a paramedic. The police came and so did the ambulance, but they declined to go to the hospital. A week later, the guy I punch went to the hospital cuz he was having headaches and had surgery for a fracture on the back of his head due to the fall, and had swelling in the front of his brain. He had no insurance. I figured his bro should have not waited a week to take him in, especially if hes a paramedic. How much at fault am I 4 this?
2007-07-05
09:06:48
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14 answers
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asked by
BigPrimo82
1
in
Health
➔ General Health Care
➔ Injuries
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2007-07-05
10:41:02 ·
update #1
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2007-07-05
10:41:22 ·
update #2
majority of you guys are idiots...100% my fault... I mean really, 100%??? He mutally participated in it. i didnt get arrested when the cops came because it wasnt a crimal act (mutal combat law) and the people who owned the house said it wasnt even a fight or brawl. just something misfortunate happened in a consentual fight between to intoxicated individuals. I spoke to my buddy whos a cop and he told me not to worry about it.
2007-07-05
10:49:22 ·
update #3
First- I'm not a lawyer, but it sounds like this was consensual, but since there was no criminal intent-- ie you didn't mean to hurt him, you probably won't be liable for criminal charges. Also, the fact that he declined medical treatment when offered appears to be in your favor. As far as being at fault civilly(ie can you be sued for the cost of treatment, lost time from work, etc.), well, I'd say it depends on the lawyer the injured party talks to. But since you probably don't have much in the way of assets-cash, real estate, etc.-you probably won't get sued. Just to be on the safe side, I'd talk to a lawyer ASAP.
2007-07-05 09:15:47
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answer #1
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answered by seamac56 4
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Legally, you are at fault. It's obvious that you don't want to hear it, but it's true. If you had Parkinson's or some other kind of disorder that caused you to convulse or spasm and hit the guy...then yeah, it wouldn't' be your fault. Here's where you're screwed:
1. Unless someone forced booze down your throat, you caused YOURSELF to become intoxicated.
2. The fact that you inhibited your senses with alcohol is no defense to injuring someone. That would be like a drunk getting into a car, running over someone, and blaming it on the car.
I'd say you had better get yourself a lawyer...and a good one, at that.
2007-07-05 10:56:25
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answer #2
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answered by Anonymous
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Well, if he sues, you've got three options. You can:
(a) Offer a fair settlement and hope he accepts,
(b) Agree to arbitration, in which a judge decides how much you owe (a la Judge Judy); or,
(c) Take it to a jury.
In any case, you need to schedule a consultation with a lawyer NOW!
You WILL likely be held responsible for at least a portion of the medical costs. However, he is also at fault in this situation, and it's almost a certainty that a judge and/or jury will not hold you fully responsible... Making it MUCH more likely that he'll be willing to accept a settlement.
2007-07-05 09:25:49
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answer #3
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answered by futurevizions 2
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You are at fault. You failed to mention if this altercation took place in Canada or the U.S. In the U.S. there is a section in the law books called "mutual combat", where both participants agree to the fight. In Canada, it is different. If not for the fact that you hit the other guy, he would not have sustained the injuries. I am surprised that you where not charged with assault cause bodily harm. You should at least cover the guys medical bills.
2007-07-05 09:26:50
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answer #4
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answered by wilkenmj 2
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You would be at fault and there's not really anyone who would be able to get you out of it because of intoxication. You are still of sound mind, even if you are intoxicated. It's been proven.
In a criminal case, they couldn't get you on anything because there was a mutual motive behind the incident. ie. It cannot be proven beyond a reasonable doubt that you intentionally hurt him.
Civil cases though, do not have to be proven beyond a reasonable doubt, and you could easily be found guilty.
2007-07-05 09:16:10
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answer #5
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answered by Amber P 2
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Well, he challenged you to a match. If you had just hit him because you were drunk and stupid, it would be your fault. But he gave his consent for you to swing at him and hit him, so it was a combination of stupidity here. You said the police came. If you weren't arrested, then you're not responsible. It was obviously a stupid mistake.
2007-07-05 09:11:39
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answer #6
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answered by Anonymous
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In the USA, you are at fault. Intoxication or ignorance of the law does not excuse illegal behavior in any state, but his participation in the event will be taken into account.
2007-07-05 09:11:42
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answer #7
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answered by oplsjames 3
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U are 100% at fault. I've read all the details but ur still at fault.
2007-07-05 09:10:15
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answer #8
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answered by Anonymous
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man this is pretty bad why do guys play these type of games???? GEEEZE!!!! Well it was an accident so they cant put all the blame on you however wazzz up with throwing that punch??? YIIIKES!!! Its not your fault but i would still offer any help that he can get AND NEVER play like this again!!! EVER!!!
2007-07-05 09:14:27
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answer #9
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answered by CurlySue 3
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i would think you were both at fault. equally. as long as there was no intent to harm the guy, legally, i think you're fine but, since you did cause the injury you may have to pay the bills.
2007-07-05 09:12:03
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answer #10
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answered by racer 51 7
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