Working on friends car car dropped on my leg crushing calf muscle had surgery

UPDATED: Sep 30, 2022

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Working on friends car car dropped on my leg crushing calf muscle had surgery

Had compartmental surgery on lower leg
a month ago still in pain and cant walk
fully from working on friends suv in my
drive ….suv fell off jack crushing
calf muscle resulting in injury
/surgery with home nursing physical
therapy and constantly in pain to this
day … dont know if her car insurance
would cover or my landlords home
insurance or what options i have

Asked on December 28, 2016 under Personal Injury, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Neither insurance would cover you, based on what you write:
1) Liability insurance covers injuries caused by the car when it is being *driven*, not when it is parked or being worked on.
2) The landlord is not liable for an accident which occurs on his/her property unless he or she was at fault in causing the accident  in some way, which does not appear to the case--the landlord had nothing to do with the accident. And if the landlord is not liable, he or her insurance does not have to pay.
3) If the car fell off the jack, IF the reason was the jack was defective, you may be able to sue the manufacturer and/or distributor for product liability; you'd need evidence (e.g. an engineer's expert report) showing that and how the jack was defective, and that the defect caused the accident. But if the jack was not defective and the car fell either due to your own negligence (e.g. not setting it up or using it properly; or due to a high wind; etc.) there is no one at fault (other than possibly you) and no one to sue. 
This is likely a case where there is no one else liable for your injury, unfortunately.

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 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.

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