Asked in Criminal Law for California

Q: Can I sue a used car lot located in Calexico, Ca. for sending men to my house located on Mexicali, BC assaulted me?

3 people, 2 males, 1 female came to my home located in Mexicali, Baja California trying to repo my car. 1 male punched me in the face twice and tried to run me over as he left, but missed. Female tried to run me over and ended up hitting me with their car.hitting my legs and I fell forward onto their hood. Stopping my fall with my hands. Broke a tooth of mine and my legs hurt.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Yes, you can potentially sue the used car lot located in Calexico, California for the injuries and assault committed by the repossession agents they sent to your home in Mexicali, Mexico. Here are some key points:

• The used car lot could be held vicariously liable for the unlawful acts of the repossession agents if it is established that they were acting as agents or employees of the dealership. This includes intentional torts like assault.

• You would have claims for assault, battery and intentional infliction of emotional distress against the used car lot based on the egregious repo agent behavior. Punitive damages may also be warranted.

I would strongly recommend consulting a personal injury attorney regarding litigation strategy. Key evidence to pursue would be the repo contract with the dealership and evidence of injuries/damages. There could be a worthwhile case against the Calexico dealer depending on the exact details.

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.