Summer activities often include being in crowded situations whether at a concert, beach bar or club with the majority of the people at these places consuming alcoholic beverages. While home from college, vacationing or just enjoying a night out we ask that first and foremost, drink responsibly and whatever you do, do not drink and drive. Always delegate a “designated driver” before going out for the night.
The best way to avoid trouble is to not let it find you. Move to a different area if you find yourself around people who have over-indulged and are becoming raucous or obnoxious. If you are confronted or even provoked do not escalate the situation by arguing especially in the situation where a person’s ability to reason has been diminished by the consumption of alcohol. Criminal law considers a fight with punches being thrown an assault and battery.
Involving yourself in a fight can result in charges being pressed against you by the police even if the person you hit decides not to press charges. Never, ever find yourself in the position of arguing with the police for fear of being charged with interfering with, resisting, or worse, assaulting a police officer. You may find yourself spending time at the local police station being fingerprinted, photographed and presented with a complaint ordering you to appear in court. If arrested, contact a lawyer and heed his or her advice. Lawyers get paid for their time and experience, but in the case of an arrest for serious charges, it will be money well spent.
What if you are injured during an assault? The person that assaulted and ultimately injured you has committed a criminal assault and battery and subjected themselves to civil liability. If the assault was unintended or an accident, that person’s homeowner’s policy may cover and compensate for your injuries. However, if it is found that this was an intentional assault, then no insurance will come to the aid of the person to defend or indemnify him. If the act was intentional no insurance will cover or compensate for the injuries. Regardless of the situation, intentional or not, you may chose to bring suit against the person that injured you during the assault. If the person is found negligent and with the ability to prove the injuries, there can be a judgment against them. In that situation, you, the injured, would have to execute and act upon in order to receive any compensation for your injuries. As always enjoy your summer, make it safe and memorable.