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Re: Liability and accident question #1


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Posted by John T Country Lawyer on January 10, 2016 at 13:05:24 from (108.108.98.156):

In Reply to: Liability and accident question #1 posted by jocco on January 10, 2016 at 07:37:24:

As usual legal or electrical questions get the most responses. Here's the deal as far as your potential liability is concerned:

Did the dude who was injured work for you?? Did you instruct him to unload the tires off your truck and tell him how to do it????? Did your truck bed have some sort of a hazard you were aware of like it was oil soaked and slick or had a hole in the floor but you failed to inform the person of?????

In order to be liable you would have to expose the injured party (under your direction) to a reasonably forseeable risk of injury.

I nor anyone here are the "fact finders" but in order for you to be liable a judge in a bench trial or a jury would have to find you first owed a duty of care to the injured person,,,,,,,,,,,,what was the duty,,,,,,,,,,,you breached that and such was the proximate cause of the injuries.

Unless you were aware of a hazard in your truck bed (like a hole in floor or it was oil covered) and failed to warn him and he didn't work for you and he wasn't working under your direction I don't see much chance of your being liable for his injuries.

NOTE Insurance companies ARE NOT THE JUDGE about this, its a well settled area of the law which ONLY a court can decide if litigated. That's NOT to say a plaintiffs attorney may not sue everyone in sight looking for a deep pocket and there are nuisance values to any suit. Just because you can be sued DOES NOT mean you are guilty. Again to be liable you must have owed a duty of care and breached it and you must have exposed the plaintiff to a reasonably forseeable risk of injury, so absent a known to you hazard you failed to warn of and you weren't instructing the manner of unloading, I don't see you as liable. The company has control over its facility and manner of safe unloading and its employees NOT YOU. I don't see you owed a duty (other then warning of unsafe condition) nor did you breach it so I dont se you as liable.

DISCLAIMER absent a thorough research of your states laws by a competent professional and then having a judge or jury find the facts and then apply them to the local law ANYTHING SAID HERE BY ME OR ANYONE IS WORTHLESS so consult a trained local professional and dont hang your hat on any opinions (lay or professional) posted here, mine included lol

John T Attorney at Law


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