Can a parent be sued along w/ an adult son in sm claims case if that parent had a duty to warn/protect foreseable acts

Question

Adult man lives rent free in family owned home. His mother pays elec, water& taxes even his phone bill.  He has numerous arrests and she bails him out every time and pays for private attny. He has a domestic violence conviction, theft & drugs. This is public record, easy enough to prove. She is aware of a history of violence w/women, drug addiction etc. Never asked the courts to mandate treatment even tho she pays attny fees, court fines etc. I was assaulted by him at the house, hospitalized & had major surgery for broken bones. I want to file CA max 10k in sm claims. Do you think I can include his mother using a defense that she had a duty to protect/ warn against foreseable acts? In addition the fact that she's enabling him financially, supporting drug use & unemployment, year after year which is a lifestyle often associated w/ violent behavior. I want some compensation (barely covers lost wages) but obviously collecting a judgement would require her being liable as well as him.

Dale S. Gribow · Answer

contact a personal injury lawyer with a summary of all the facts. 
 
normally a parent would not be responsible for an adult child but maybe if mom had a conservatorship? she might be........then there is the issue of why you were in the home knowing of these violent tendencies? 
 
you raise an interesting question and you have nothing to lose by trying this

Theodore Allan Greene · Answer

You can try to sue in small claims court but it sounds like your case is worth more than $10,000. Be careful because if you include your medical bills you might have to pay back to the medical provider. If your wage loss and pain and suffering get you to $10,000 you might not need the medical billing. You should first consult with an attorney to rule out a larger case. good luck

William John Light · Answer

If you were injured on the property, and the son is a dangerous condition of the property, and the mother knew of the dangerous condition and failed to warn you, or supervise him, etc., you might be able to make a case against the mother.   
 
However, it seems questionable that a warning would have been of any benefit to you.  You already appear to know of the dangerous qualities of this man and were in his company anyway.  As a result, there is a question whether the mother would have such a duty to you, as well as a question of your comparative fault. 
 
Assuming that the mother had homeowners insurance, it would likely not defend or indemnify him for the conduct since it was not an accident.  If the mother was liable, it might provide defense and indemnity for her, but it is far from clear that she would be responsible.   
 
The homeowners policy probably has a "Medical Payments" coverage that provides for payment of medical expenses incurred by persons injured on the property.  It's probably not a lot of coverage, perhaps $1,000.  But if you have paid $1k of medical expenses out of pocket, you might be able to get reimbursed.  This is a "no fault" coverage.  You don't have to prove that anyone is at fault to get the coverage. 
 
Your injuries seem severe, and appear to be the result of a criminal act.  Contact the police and make a report if you haven't already.  There can be a restitution hearing as part of the criminal proceeding by which you can receive some court ordered compensation, although it is far from what you might recover in a personal injury case (f you could actually recover).  Also, you might be eligible for reimbursement of certain expenses from the Victim Compensation Board.  Apply here:  https://victims.ca.gov/victims/howtoapply.aspx

Q: Can a parent be sued along w/ an adult son in sm claims case if that parent had a duty to warn/protect foreseable acts