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Thread: Re: Can I Be Sued for a Fight That Happened Off of My Property

  1. #1
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    Re: Can I Be Sued for a Fight That Happened Off of My Property

    My question involves an injury that occurred in the state of: Pennsylvania

    My psychopathic ex-husband (convicted felon, multiple arrests) pepper-sprayed my current husband in my driveway recently. My husband chased him out into the street, tackled him and hit him a few times until he forced him to drop the pepper spray and then put him in a headlock until the police arrived. Now he's trying to sue my homeowners even though he started the altercation and the retaliation was on a county highway. I've made my insurance company aware of the situation and they're currently investigating. My question is can he actually sue my homeowners policy for a fight he started?

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  3. #2
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    Re: Re: Can I Be Sued for a Fight That Happened Off of My Property

    He can certainly sue. I think what you're really asking is can he win, and that's a different matter entirely.

    Given that he was the initial aggressor, I'd expect the judge to laugh him out of court.


  4. Re: Re: Can I Be Sued for a Fight That Happened Off of My Property

    I don't really worry about him winning, I'm concerned more about the aggravation and time off of work this is going to cause. I guess I can't understand how you can assault someone on my property and be assaulted on county property and still sue my homeowners.


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    Re: Re: Can I Be Sued for a Fight That Happened Off of My Property

    He certainly isn't going to get anywhere suing an insurance company. The insurance company isn't the one who beat the crap out of him.
    He can sue your HUSBAND and YOU and depending on just what he's suing over, the insurer may defend you.


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    Re: Re: Can I Be Sued for a Fight That Happened Off of My Property

    First of all, he's not suing your homeowners insurance.

    He's suing you (and/or your husband). Or, if you (and/or your husband) have not been served with a summons and complaint, then he is only making a claim for his injuries.

    Either way, your homeowners insurance company investigates and will deny or pay as it sees fit. In the event of a lawsuit, it will provide legal defense for you (and/or your husband) or pay, as it sees fit.

    The claim has likely been assigned to a claim rep who is conducting the investigation. If you or your husband have any questions they should be addressed to that claim rep.

    Unfortunately, based on your description of events, your husband may have been in the wrong by chasing your ex into the street and attacking him. Using force for self defense is appropriate if there is a danger of physical harm or death. Once your husband had been pepper sprayed and the aggressor ran off the property, your husband was no longer in danger of physical harm or death and had no business going after your ex. At least, that's how I think the law will see it, whether it's for criminal charges or for a determination of negligence by the insurance company. Sorry to have to bring that up but it's something you need to consider.


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    Re: Re: Can I Be Sued for a Fight That Happened Off of My Property

    I realize he's suing us, I guess my question is can the insurance company deny any liability. He knows he won't get any money from us personally and they've already requested my homeowner's information so if he finds out my ins. won't pay then I'm sure he won't keep paying an attorney.

    My husband chased him to prevent the attack from continuing, he only stopped spraying because my husband went after him and had my husband just laid there then he would have sprayed him until the can was empty. Regardless, I know if I were on a jury I wouldn't expect a man to just lay there and cry after a vicious unprovoked attack. I will also note that he didn't press any charges when the police arrived due to the fact that he knows he started the altercation.


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    Re: Re: Can I Be Sued for a Fight That Happened Off of My Property

    You'll have to discuss that with your insurer. Again, he's not "getting money from the insurer." He's getting money from you. Whether you have any to pay him is immaterial at this stage in the ball game. Your husband can be civilly liable for damages inflicted in the middle of the road.

    It's probably unlikely that the homeowner's insurance is going to defend/pay for your husband beating the crap out of someone whether it occurs on your lot or out int he street.

    Understand that retaliation is NOT self defense.


  9. Re: Can I Be Sued for a Fight That Happened Off of My Property

    He's not suing your homeowners insurance.


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