Q: Can I use a defense that was upheld in a Circuit Court decision in another state regarding a personal injury claim?
I am filing a small claims complaint and suing for the max in CA (10k) for lost wages etc. An ex boyfriend assaulted me and I was hospitalized for a broken leg. His grandmother owns the house but I'm unable to file a homeowners ins claim as this was an intentional act. He has no job and nothing to sue. I am including his mother and feel I can prove liability as she has foreseeable knowledge of his propensity for violence and contributes by enabling and controlling his lifestyle. A Circuit Court in IL upheld a decision rendering, Parents Responsible for Acts of Adult Children section 319 Restatement of 316 Restatement (Second) Torts statue etc etc. Can I reference the sections that apply? I would like to add a Circuit Courts decision to my own strong evidence of liability. Aside from the money, which I feel is a small amount considering the severity of my injury, but my only hope, I'm also trying to prevent him from hurting others. I learned he has a history of violence. Thank you
A: I doubt that you need to cite to Illinois authority. The Restatement is citeable authority. There is also plenty of CA authority that a property owner/landlord is liable for dangerous conditions on their property, including criminal acts, if the landlord/property owner had advance notice of prior similar incidents of criminal activity.
A: You certainly should try but don't expect a lot of brilliant legal analysis by the small claims court pro tems. You should try to keep your citations brief and only use California authority and the Restatement but if you throw in the out of state stuff then put it in at the end after the more relevant stuff.
A: No you cannot. You can mention it as "persuasive authority" but not actual authority. The only actual authority would be from a higher court in the same state.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
