Who is liable?

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Who is liable?

Daughter grants permission for friend to drive daughters vehicle. Friend runs off road and causes 1500 in damage to vehicle. Can I sue the driver? They were making a film and all participants were involved in the “action”. Is any one person at fault? Does responsibility fall on the driver?

Asked on April 21, 2009 under Accident Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

On these facts it seems as if the friend is liable if she was negligent.Driving off the road and hitting something else is presumably negligent but perhaps the driver has an explanation that will show she was not negligent.

The car owner (the daughter) can sue the driver and if she can prove the driver was negligent she'll recover.

If the parties were engaged in a joint effort (making the film) all parties would be liable if someone else was harmed. 

Of course, if the film was to show what happens in an accident, there would not be any liability as the daughter and driver would have been incredible stupid, but not negligent.


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