If someone bumps their head exiting a taxi, do they have a case?

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If someone bumps their head exiting a taxi, do they have a case?

Asked on October 31, 2011 under Personal Injury, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Did the taxi company or the driver do anything wrong? That's the first and most imporant issue. Legal liability, or the obligationt to pay for another's injuries, is based on fault. Unless the driver or the tax company did something intentionally or negligently (carelessly) wrong, causing the bump, there is no fault and no liability. Causing someone to hit his or her head because the driver drove too fast or recklessly, or because the car was not maintained properly, so the brakes weren't working right, could lead to liability; but without fault, there is no case.

Second, even if there is fault, you can only sue for an amount related to the extent of the injury. If there are no significant medical bills, no signicant lost wages, and no significant and long-last pain or disability, there is effectively nothing to sue for; bringing a law suit would cost more than it is worth.


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