If you are driving in a parking lot, and a friend who was riding/holding onto the back of your car (trunk area) falls off and gets injured.
Also, does it change anything if he said stop right before he fell?
2007-10-17 09:34:57 · 6 answers · asked by stephen r 3 in Politics & Government ➔ Law & Ethics
It depends. Since I don't have a clear picture of what happened, let's take some scenarios.
First of all, a parking lot is private property, so you probably won't have the police involved--in other words, no tickets. This is one of the thresholds to liability, if the cops ticketed you.
Second, if the passenger was in a regular place where passengers ride, then as the driver, you probably are.
If the passenger was riding in an unusual place in the car, or was hanging on while roller blading, then the passenger has some liability--maybe all since his conduct could be viewed as reckless.
The fact that the passenger told you to stop is limited by some things. Did you have enough time to stop and not do it? Did you not have enough time to stop? Did you even hear the command? Was a car following you so that you could not slam on the brakes without causing a collision?
In the final analysis, generally a passenger can sue a driver for any negligence. Normally, the passenger has zero liability, but if he acted recklessly, then he can assume some, if not all, of the liability.
Best of luck.
2007-10-17 09:49:47 · answer #1 · answered by scottclear 6 · 1⤊ 0⤋
In a lawsuit between you and your friend -- your friend would be suing for negligence -- basically, that you had a duty to act a certain way, and didn't, and because of that he was injured.
Your defenses would include contributory negligence (or comparative fault) -- meaning that he was more at fault for what happened than you were -- and/or assumption of the risk -- meaning that he knew what he was doing, and he accepted the risk of falling by the way he was riding.
From there -- many factual details would matter to determine the outcome of who was more liable.
2007-10-17 09:45:21 · answer #2 · answered by coragryph 7 · 2⤊ 0⤋
I can't say definatively, but I would expect that if the person was hanging on to the back of the car without permission, or against the wishes of the driver, then the driver wouldn't be responsible.
2007-10-17 09:49:09 · answer #3 · answered by missbeans 7 · 0⤊ 0⤋
Unfortunately, whether he said to stop or not, you're liable if you either A) gave him permission to hang onto your car, or B) knew he was there when you started moving or did not immediately slow to a halt once you realized it.
2007-10-17 09:44:32 · answer #4 · answered by M. 2 · 1⤊ 1⤋
You are responsible for anything that happens in or on your vehicle. May have been funny at the time but will certainly not be funny if you get sued for injuries.
2007-10-17 09:43:16 · answer #5 · answered by sensible_man 7 · 1⤊ 1⤋
You are!
2007-10-17 09:38:42 · answer #6 · answered by Anonymous · 1⤊ 1⤋