Thread: Lawsuit!
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Old 09-15-2009, 11:16 PM
nubikeshop nubikeshop is offline
Motorized Bicycle Newbie
Join Date: Aug 2009
Location: In Virginia
Posts: 5
Default Re: Lawsuit!

Yes, you could sue him, despite the fact that you are doing something questionably legal (depending on the laws in your state and what you were doing at the time, etc...). If you were riding a bicycle and doing the same thing, you could certainly sue him. There's something called the "eggshell skull" doctrine-- in layman's terms, it means that if someone does something malicious or just plain stupid, they are completely responsible for the actions that follow, even if nobody could have predicted them.

The real issue is, do you need to?

If you and your family have gone thousands of dollars into debt because you need plastic surgery, or even just spent tens of thousands of out-of-your-pocket dollars on something like that, that's a reason to sue. If your injuries are being paid for by insurance, it's probably better just to leave it alone.

You also said that the whole school laughed at you. Some people would say you can sue for 'emotional damages', thus making this something that you could profit from. But this only works if you develop some really serious mental, emotional, or social distress from this incident. Like, if everyone calls you 'rash boy' and throws pavement at you in the hallways, then you end up trying to kill yourself because nobody wants to be seen with 'rash boy', you might be justified in suing. But what happened to you is the kind of thing that people will laugh off in time. Also, suing this kid is going to have some social consequences which will probably be less-than-good (watch out-- rash boy is gonna sue you too!)

If this was me? Roll with the punches, talk it over with your parents and maybe the principal, and put some live bugs in his backpack. If you're rash boy, at least he's bug boy and then you're even.

(Don't take any of my advice without consulting with someone more reasonable than me, i.e. a real lawyer. But good luck!)
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