National Football League

49ers' Smith responds to lawsuit

Published Sep. 19, 2013 1:00 a.m. ET

foxsports

Attorneys for San Francisco 49ers linebacker Aldon Smith and former Niners tight end Delanie Walker have filed a response to a civil lawsuit filed by a Northern California man who says he was shot during a party at Smith's house.

The San Jose Mercury News reports the attorneys allege that plaintiff Ronndale Esporlas ''freely and voluntarily exposed himself to all risks of harm'' by attending the party.

The response, filed Tuesday, also says that injuries suffered by Esporlas, who was shot in the leg, were not caused by the defendants.

In the lawsuit filed earlier this month, an attorney for Esporlas claims that Smith and Walker fired weapons illegally during the party in June of last year.

Santa Clara County prosecutors say they are considering criminal charges.