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Sue home-owner's insurance company for injury in MA?

I was at a "friend's" house hanging out with a couple of other guys when I got into an argument with the guy who owns the house. I said some things I shouldn't have said and got up to leave. This guy attacked me from behind and pushed me down the front steps of the house and I landed on a concrete walkway and broke my collar bone. My question is since this guy does not have a lot of money (he said the house was underwater and he owed more on it than it's worth) can I sue him and try to collect money from his homeowners liability insurance company?

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As always, for specific advice about your situation, it is a good idea to talk to a Massachusetts personal injury attorney.  She can go over the entire scenario with you, ask questions about the attacker's actions and financial situation, and give you an opinion on whether you should pursue this claim.

Clearly, under Massachusetts law, a person who is the victim of an assault can file a lawsuit against the attacker and attempt to collect damages.   So, for example, if you have medical bills or missed work because of the attack, you could seek to recover those losses.  I don't think you should assume that your attacker will be unable to pay any judgement that you obtain, and that, again, is an issue you should discuss with your attorney.

However, to your specific question, it sounds like you are describing an intentional act, rather than a negligent act.  This distinction is important because, generally speaking, premises liability policies will cover negligence claims against the insured but not claims for damages based on intentional acts.  Hope that helps.

 



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