Am I liable if someone runs over my skateboard and it does damage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I liable if someone runs over my skateboard and it does damage?
I was riding and was blocked by people and triped and skateboard went into the street. A little later, before I could get it, someone ran it over and it fliped and dinted his door. Isn’t it both of our fault since he could’ve seen it?
Asked on March 27, 2012 under Accident Law, Hawaii
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Whose fault it is depends on the precise facts. You write that "a little later" someeone ran over the skateboard. If that was more than, say, a few tens of seconds later, then you would certainly be at fault, since you would have had an opportunity to retrieve the skateboard (i.e. if you did anything else, or paused/delayed before getting the skateboard, you would be at fault).
As for the driver, whether he/she was at fault depends on whether it was "reasonable" that he/she should have seen the skateboard. A skateboard is a low-visibility item--it is easy for a driver to miss. If the driver was otherwise driving carefully, it is quite possible that a court would conclude that there was nothing unreasonable about not seeing a skateboard in the street--or seeing it but not having time to react. Only if the driver was in some way driving carelessly at the time (e.g. talking on a cell phone or texting; driving too fast; eating in car or applying make-up; etc.) would it likely be found to be that the driver was at fault, too.
Again, the issue is not whether the driver "could" have seen the skateboard--it's whether the average reasonable driver, driving reasonably carefully, would have, and would have done so in sufficient time or distance to avoid it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.