If my car fell on my friend while he was changing the brakes, can he sue me?

UPDATED: Aug 17, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 17, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my car fell on my friend while he was changing the brakes, can he sue me?

A friend of mine decided he wanted to change the brakes on my car, despite my protest because he was very intoxicated at the time. He did not take the proper safety precautions and while under the car the jack gave way and it fell on top of him. He is stating that his insurance company doesn’t want to cover the cost of his medical bills because it was not his car and he is now threatening to sue me. He offered, I insisted he wait, he insisted he couldn’t, he was intoxicated, it was on his property. Can he sue me and win?

Asked on August 17, 2012 under Personal Injury, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Given the circumstances that you have written about where your intoxicated friend was changing the brakes on your vehicle where the vehicle ended up falling on him causing injuries, he very well can sue you over the incident. If so, you need to place your presumed automobile insurer (assuming you have one) on notice about the lawsuit.

Given the fact that your friend very well could have been negligent with respect to the perceived careless actions that you have written about, you would have a good defense of contributory negligence and assumption of the risk in the event you are sued.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption