Yesterday my son was staying at a friends house. When he got up she was gone, but her roommate was there. He took the roommates keys and went across the street to get a soda. When he came back my son went into the wrong side of apartment building, went to the third floor and went to use the key (it was the wrong apartment) and was met by a 300 lb. black man who slugged him in the face. My son said excuse me I have the wrong apartment. The man continued to kick him and beat him until my son threw the keys at him. The man tried the key and said "oh, you were telling the truth." Threw the keys back at my son and told him to get out. My son then made it back down the stairs, back to the right side and up to the third floor where his friend lives. Latter that day her medic friend said that my son had broken ribs and should go to the hospital. The ambulance came, the hospital did indeed say he had 4 broken ribs, a collapsed lung and had busted his front teeth out. He is in the hospital right now. His nurse said he doesn't have a case because of the Make My Day Law. The beating took place solely in the hallway of the apartment building. Does he have a case to get his medical bills paid. He does not have insurance. Please advise.
State/Country relating to question: Colorado
Because of the nurse saying he might get into trouble if he called the police, he hasn't yet.
The nurse never went to law school and is not to be trusted for legal advice. It is arguable that the so-called Make My Day law does not apply because the victim was not trying to break and enter or commit a crime, he just made a mistake. And it sounds like the reaction of the person who answered the door was excessive. So I think the victim has a claim, should have filed a police report, and should get a free consultation from some of the injury lawyers listed by location athttp://lawyers.findlaw.com/lawyer/practicestate/Personal-Injury-Plaintiff/ColoradoI hope this information is helpful.
Is there a time frame, a limitation when he calls to file a report? They have him on a lot of drugs right now. Or should I call for him? Thanks for the info so far.
You can call and tell them you want to file a police report, and they can interview your son once he's feeling up to it.
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