Visitor Question

Neighbors attacked my brother on my rental property…

Submitted By: Anonymous (Texas)

An argument occurred between my brother and neighbors about a vehicle being parked in the driveway on my rental property. My brother is my maintenance man and I had given him the key to look at the property that day.

The argument resulted in three people (a neighbor, his father, and a friend) attacking and injuring my brother. The neighbor sucker punched first and his father and a friend joined in the action, tripping, kicking, hitting, etc., the man on my property, then the neighbors called the police.

Police said they would arrest both parties if anyone was arrested, so my brother signed the paper so he wouldn’t get arrested. My brother never had a chance to throw a punch. The two officers laughed and talked to the neighbor, his father, and friend on my property, never asking my brother if he needed to go to the hospital, etc.

My brother was taken to a Walk In Clinic by another relative and they sent him straight to the hospital because of his severe physical injuries.

He has a concussion, broken nose, hurt shoulder, and back and eye problem because of this incident.

What kind of legal action can I take against these men as a homeowner? This is a rental property that I own, but it wasn’t rented at the time. What can we do? Thank you for any information you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

In this case, the status of the rental property is not the controlling issue. The controlling issue is the assault. From the facts you present, there is no evidence as to what precipitated the fight, nor what the argument was about.

Setting aside the underlying motivation for the fight, the evidence is clear that your brother was assaulted. As a result of the assault, your brother has a right to file a criminal complaint against those who assaulted him with the local police department.

Your brother’s

criminal complaint should be based on the Texas Penal Code Title 5 Chapter 22 Section 22.01 (1) (a), which reads in part: “A person commits an offense

(assault) if the person

(1)

intentionally, knowingly, or recklessly causes bodily injury to another…”

Your brother also has the right to file a lawsuit against the men to pay for his medical bills, expenses relating to his treatment, lost wages, and for his pain and suffering. He will likely need an attorney to file the lawsuit, as his injuries are quite serious.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 9, 2016

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