San Jose, CA asked in Libel & Slander and Personal Injury for California

Q: My landlord was evicting me my mom and my brother. his son came to the house an shot my brother in the head.can he sue?

My landlord was also my father in law and worked for the DAs office he has had police harass me attempted to sue me calling me a criminal on the court papers (which is untrue)has had me falsely arrested ..I live in constant fear now from his retaliation and use of government resources to harass me and my family

3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: anyone can sue anyone at any time.

the issue is usually whether you will prevail and will it be worth the money you have to spend.

if there was a shooting the local police should step in to arrest the "shooter".

being in the DA's office is not going to be enough to protect the shooter.

thus there is a criminal case and if/when brought to court, asking the court to award restitution for the injury.

does the shooter have assets?

can you prove the shooter was acting on behalf and with the approval of the landlord?

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Sacramento, CA
  • Licensed in California

A: If someone shoots you in the head you can of course sue them. Were they arrested? Why did they shoot your brother in the head? Did he go after them such that they thought their life was in danger? You should sit down with a local attorney and go over these questions and many more to find out what your rights are.

Dan Rowan Cortright agrees with this answer

William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: Your brother can sue. You and your mother can sue for bystander emotional distress, if you were there when your brother was shot. The success of such a case depends on the circumstances of the shooting. If the shooting was justified (self-defense, for example), there is no case. A lot will depend on the police report and witness statements. Whether it is worth pursuing depends on whether your landlord/father-in-law had insurance which would pay, and whether the shooting was in the course and scope of the landlord's eviction process. Talk to a knowledgeable attorney about your potential claims. Consultations are free.

Dan Rowan Cortright agrees with this answer

1 user found this answer helpful

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