If I read this right ... you are playing the role of the defendant's lawyer in a civil case. You wouldn't be proving them to be ';innocent'; ... you are trying to prove them ';not liable';!
Having said that ... your case stinks! The driver was at a party in the defendant's home, and crashed after leaving the party. Proving that the host had nothing to do with the driver's crash will be an uphill battle.
Here are some ideas ...
I'm guessing that the plaintiff is alleging that the driver was intoxicated at the time of the crash ... and the driver got intoxicated at the host's party! If they prove that, your client is toast! Hope they have insurance to cover the damages!
You would have to prove that the homeowner made a reasonable effort to insure that there were no intoxicants available at the party. The best thing to do is get multiple witnesses that can testify that the driver was sober when he left the party! Since you are not in criminal court ... no deals will be available!How to prove someone innocent in a civil case?
You have confused criminal and civil notions and thus have no chance. A civil suit has no ';charges'; and no risk of losing freedom. If you are trying to defend a civil suit against the host of a party, you will need more info, like whether there was drinking and whether your state has a social host dram shop law. If you want advice, at least give the relevant facts and the nature of the lawsuit.
If they are underage and alcohol is involved, many states have a ';keg law'; that would hold the homeowner responsible. If not, then the driver is responsible for their actions.
No comments:
Post a Comment