My car is in the shop and I had to borrow a friends car to catch a flight at the airport. My friend had just used the car the same morning & said he left soda & water in the cooler. What he neglected to tell me is his dirty chewing tobacco / spit cup was on the dash.
I was in traffic and mistook the tobacco-spit cup sitting on the dash for a soft drink and took a big gulp. I started choking and had to stop and call 911 for medical help.
As you can imagine, I missed my flight. I hold my friend directly responsible for being a slob and leaving that cup on the dash. I insist he forks over the $250 penalty for missing the flight & the $100 co-pay for the medical attention. He is not cooperating much. Do I have a good case if I take him to small claims court?
2007-03-26 06:00:23 · 10 answers · asked by Brady Boone 1 in Politics & Government ➔ Law & Ethics
no way. Your first line is what is wrong 'I HAD to borrow a friends car'. No you didn't, you could have rented a car, and should pay him for HIS car. Second, he told you that there were sodas etc...IN THE COOLER, yet you were going to drink an OPEN one off of the DASHBOARD. You are a terrible friend. This guy offers up his car WITH refreshments in it, and you want to sue because you are an idiot?
2007-03-26 06:05:04 · answer #1 · answered by hichefheidi 6 · 2⤊ 0⤋
Such a case sounds in Tort. That means that you would have to prove either that he deliberately set a trap for you, which wouldn't be likely since the borrowing probably came up at the last minute and was your idea, or Negligence.
For negligence, you'd have to show that he owed you some Duty, which was Breached, and that the Breach was the proximate Cause of the Damages.
Like most people, you're starting with the damages and assuming away the rest of the case.
He did not have a duty to educate you on the stupidity of drinking the contents of a container that you find on the dashboard with no clue how long it had been there or if it was really a urine sample or some kind of biological experiment. Your mother had that duty, and I'm sure she did her best, but some people simply need to drink tobacco juice for the lesson to take.
You did something really really stupid. That's not his fault.
2007-03-26 06:12:35 · answer #2 · answered by open4one 7 · 3⤊ 0⤋
Do reasonable and prudent people take big gulps from a spit cup in a borrowed car? If you can prove that you might be able to collect.
Do you want to lose a friend? Taking a friend to court is a pretty good way to lose a friend.
I don't see that you have much of a chance for collecting.
2007-03-26 06:05:37 · answer #3 · answered by OldGringo 7 · 0⤊ 0⤋
You have no case. It was no one's fault really, and besides, he could just say he let you borrow the car but didn't give you permission to "drink" anything in the car, so that's just as good a case as you have. It's just one of those things that happens that you'll have to get over.
This probably wasn't even a serious question, but if it was, there's your answer.
2007-03-26 06:06:32 · answer #4 · answered by Grace1228 3 · 0⤊ 0⤋
so, you borrowed your friends car, and instead of drinking someone else's warm, flat soda that was sitting in the dash, you decided to not look in the cup and drink his spit?
Yes, he should pay for being stupid enough to have a friend like you who wants to sue him for helping him.
2007-03-26 06:05:24 · answer #5 · answered by Anonymous · 4⤊ 0⤋
You can't be serious. If you're STUPID enough to take a drink out of any container, left anywhere by someone else you got what you deserve. Grow up and be responsible for your own stupid mistakes.
2007-03-26 06:51:56 · answer #6 · answered by bugs280 5 · 1⤊ 0⤋
particular, appropriate buddies do not enable their acquaintances wander away and by way of using probability they do wander away. a real pal facilitates them to seek for out their attitude lower back. acquaintances do not enable acquaintances drink in rigidity, additionally
2016-10-19 23:25:29 · answer #7 · answered by Anonymous · 0⤊ 0⤋
He's your friend and you didn't know that he's a slob and chews tobacco?
2007-03-26 06:24:54 · answer #8 · answered by Anonymous · 1⤊ 0⤋
One point that certainly needs to be made is: LOL!
2007-03-26 06:04:14 · answer #9 · answered by Sevateem 4 · 4⤊ 0⤋
No
don't drink his ****
2007-03-26 06:03:25 · answer #10 · answered by Chris! 2 · 3⤊ 0⤋