Visitor Question

Two People Get In a Fight and Push a Third Party Through a Window…

Submitted By: Anonymous (USA)

A question about 3rd party unemployed tortfeasors…

Two people fighting outside a pool hall after hours accidentally push a third party into a plate glass window. Who is the responsible party in this scenario? Thanks for your input.

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,

The quick answer is: The two people who accidentally pushed the 3rd innocent party through the window are entirely liable. Fighting in public is technically a crime. Any injuries or death occurring to third parties during the commission of a crime are imputed to the participants in the crime.

In the most serious example, when two or more people are in the midst of a felony and an innocent party dies, whether from a heart attack, a stray bullet, broken glass, or any other number of causes, those involved in the commission of the felony, whether they planned on the death of the third party, or if it was an accident, can be arrested and convicted of manslaughter, or even murder.

In the example you give, the parties engaged in fighting will be responsible for the injuries to the third party, the property damage to the window, and any ancillary damage the broken window may have caused.

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: September 29, 2011

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