We were at work and it was a slow time. We have arm wrestled before, and he usually wins because he is stronger. This time however as we were wrestling, his arm popped and I could tell immediately what happened. We stopped and I instructed someone to get him to a hospital and I sort of went into shock and was sent home, not for what I had done, but because I was shaking. My question is, am I liable for the damages to him? It was a mutual game, no malicious intent, just sort of a crazy accident that neither of us had thought would ever happen. I was told workers comp wouldnt come into play even though we were both on the clock because we were arm wrestling.
2006-10-12 18:50:29 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Ummm, sounds like he has a "Bone Density" problem and no it's shouldn't be your fault.
If he is a REAL man he will let his medical coverage take care of it and admit that you are a BADASS lol ;-)
2006-10-12 19:01:41 · answer #1 · answered by TommyTrouble 4 · 0⤊ 0⤋
I don't know if you are liable or not, but I want to give you my unsolicited opinion. You were both VOLUNTARILY engaged in this activity. He should have been aware that there was a possibility something like this could happen. To blame or make anyone else liable for this would be a gross abuse of possessing a brain. The only one that SHOULD be liable is the person who got hurt because he engaged in this VOLUNTARILY. If he attempts to make you liable, he is a very poor loser.
2006-10-12 19:10:31 · answer #2 · answered by kitty fresh & hissin' crew 6 · 0⤊ 0⤋
His insurance should cover it. Arms heal quickly, he will be back to work in a day or two (with a cast of course).
I would hope that you are not liable...you could always speak to your supervisor. But workmans comp probably wouldn't cover it because it is a non-job related injury.
I was going to suggest that you offer to help with the bills, but honestly, it is sad, but that is an admission of guilt, and if he got a lawyer then they would really be able to sock it to you.
2006-10-12 18:54:22 · answer #3 · answered by powhound 7 · 0⤊ 0⤋
Not your fault but because of your horsing around on the job, you might be in for some disciplinary action. You might want to get a hold of a lawyer versed in labor law.
2006-10-12 19:12:16 · answer #4 · answered by bill554904 1 · 0⤊ 0⤋
Under the Doctrine of Respondeat Superior your employer is responsible for the torts and negligence of their employees. You could get fired for "horseplay."
2006-10-12 19:12:51 · answer #5 · answered by breeze1 4 · 0⤊ 0⤋
that is an accident. al you have to do is to help hospital bills. you have no intention ryt?
2006-10-12 18:54:19 · answer #6 · answered by joelskie 1 · 0⤊ 0⤋