It only takes one person to ruin a party. And if a guest or two at your social gathering get rambunctious or belligerent, either your personal property or portions of your home's structure could be damaged or destroyed. In that case, who pays for repair or replacements?
In a perfect world, the guest would agree to pay for the damage. If that's impossible or they're being uncooperative, however, you might consider these options:
- see whether your homeowner's insurance covers the damage
- send a demand letter to the person who did the damage
- file a civil lawsuit against that person, and
- file criminal charges against them.
Will Homeowner's Insurance Cover Damage Caused by a Guest?
Take a close look at your homeowner's insurance policy, or call your insurance company. It's possible the damage qualifies for coverage, depending on:
- whether the cause can be matched to one of the covered "perils" in your policy, such as vandalism or malicious mischief
- what property was damaged; the structure of the house itself (such as the walls or flooring) or your personal possessions, such as dishes, furniture, or a television
- the cost to repair or replace the damage (your policy will set separate limits for personal versus real property), and
- whether your actions during the fracas could be constituted as turning this into "intentional" damage by you, in which case it definitely wouldn't be covered.
Interestingly enough, if your own negligence led to damage to one of your guests' personal property or to the guest him- or herself, the liability portion of your policy might kick in and allow for coverage.
Even if you are eligible for coverage, however, pay close attention to how much you would recoup (if any) after paying your deductible. Your premiums could go up if you file a claim; ask your insurance representative about that, too, before deciding to actually put in for coverage.
If you believe you are eligible for homeowners' insurance coverage under the terms of your policy but your insurer doesn't agree, consult an attorney with experience in insurance law.
Sending a Demand Letter to the Guest Who Caused the Damage
Let's assume that your guest said "no" to paying for the damage. How should you follow up (other than taking them off all future invitation lists)?
The first step is to make sure the guest understood the seriousness of your request. If you only casually said (or texted or emailed) "Hey, I hope you're planning to pay for resurfacing that table you were dancing on!" it might not be enough.
Send your guest an actual letter, spelling out what they did, what damage resulted, how much repairing that damage will cost, your expectation that the guest provide money for repair within a certain period of time, and your readiness to pursue legal action otherwise.
As an interim measure, you could try coming to a compromise with the help of a trained mediator.
Filing a Civil Lawsuit Against the Guest Who Caused the Damage
If none of the above yields results, you might want to file a lawsuit. You have two main procedural options for collecting financial reimbursement (known as "damages"):
Small claims court. These are informal courts designed to let ordinary people settle disputes for damages without a lawyer's help. Each state sets a maximum amount that a plaintiff can sue for in small claims court.
Regular court. If your claim is too high for small claims court, you can file a lawsuit in the civil (non-criminal) court in your area. This is more procedurally complex than small claims court, so it's a good idea to hire a lawyer. However, you do have the option of representing yourself (appearing "pro se"). Also, in most instances, this type of suit will take longer than one in small claims suit.
You might have to defend against the guest's counterclaim that you were the original cause of the damage and/or actually injured the guest, for example because he or she tripped on hole in your carpet that you knew about and failed to fix or warn of.
Bringing Criminal Charges Against the Guest Who Caused the Damage
Your last resort may be to file criminal charges. Normally, this is done by calling the police and having a report made. It's also possible to go to the courthouse and talk to the prosecutor.
Criminal laws vary from state to state, but your guest might be charged with vandalism. This is when someone deliberately and intentionally damages or destroys property without permission or consent. This crime might go by a different name in your state, such as criminal mischief, wanton and willful destruction of property, or something else indicating property damage.
Or, if the guest set a fire, arson could be the appropriate charge. And if the guest threatened or injured other people, an assault or battery charge might be appropriate.
The crime might be classified as a felony or a misdemeanor, depending on the amount of the damage and other facts of the case.
It's possible for the judge to order "restitution." That means that the guest must pay you on top of paying any fine or serving any jail time. If the guest isn't ordered to pay restitution, you still have the option of filing a civil suit to force payment.