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Message
Attorney - Personal injury question
Posted on 8/6/17 at 12:57 pm
Posted on 8/6/17 at 12:57 pm
A friend of mine has this awesome 1972 Jeep Commando. The Jeep is operable but needs work. In particular, the brakes do not work well at all and the car doors do not lock. He left a sign on the steering wheel that read, "brakes do not work" with a frownie face in case the vehicle was stolen.
Well...the vehicle was stolen.
It didn't make it far, but the thief wrecked into another passenger at a 4-way stop a mile or so down the road. Mere minor injuries were suffered by both the passenger and thief.
Nothing has happened yet, but he is concerned about potential lawsuits by both the injured driver and the injured thief.
Surely he won't be subject to any liability from a stolen vehicle, right? Is there any chance he could be liable for the injuries to the thief and or other driver?
Well...the vehicle was stolen.
It didn't make it far, but the thief wrecked into another passenger at a 4-way stop a mile or so down the road. Mere minor injuries were suffered by both the passenger and thief. Nothing has happened yet, but he is concerned about potential lawsuits by both the injured driver and the injured thief.
Surely he won't be subject to any liability from a stolen vehicle, right? Is there any chance he could be liable for the injuries to the thief and or other driver?
12
Posted on 8/6/17 at 12:58 pm to Forkbeard3777
This either sounds like a Law and Order episode or a Farmer's Insurance commercial.
Posted on 8/6/17 at 12:59 pm to Forkbeard3777
Call John Morgan of Morgan and Morgan, for the people.
Posted on 8/6/17 at 1:01 pm to Forkbeard3777
I don't see how a judge would let that suit into a courtroom.
Posted on 8/6/17 at 1:02 pm to Forkbeard3777
If someone stole my car, wrecked it, and then sued me...I'd go rape their entire family to death.
Posted on 8/6/17 at 1:02 pm to GEAUXT
quote:
If someone stole my car, wrecked it, and then sued me...I'd go rape their entire family to death.
What about the other driver? Their injuries and the car damage?
Posted on 8/6/17 at 1:02 pm to upgrayedd
quote:
I don't see how a judge would let that suit into a courtroom.
sheeet, that's a solid, slam dunk case compared to a lot of suits that make it to court
Posted on 8/6/17 at 1:04 pm to GEAUXT
quote:
If someone stole my car, wrecked it, and then sued me...I'd go rape their entire family to death
A little extreme, but I totally agree with your sentiment, so I'll allow it.
Posted on 8/6/17 at 1:06 pm to Forkbeard3777
No, your liability for your vehicle only extends to permissive drivers.
Posted on 8/6/17 at 1:06 pm to NaturalBeam
quote:
permissive drivers.
hmmmmm, I like it
Posted on 8/6/17 at 1:07 pm to Forkbeard3777
quote:
Surely he won't be subject to any liability from a stolen vehicle, right? Is there any chance he could be liable for the injuries to the thief and or other driver?
Provided he did not voluntarily provide the vehicle to the thief and the thief was not on a mission for your friend he would not be culpable for this accident. That may not prevent an injured party from naming him and his carrier in a lawsuit and forcing them to prove they are not liable.
Of course, the ultimate aim would be to get a contribution in lieu of defense costs and tho possibility the court could find a way to make him liable. Leaving the note might give them an opening to establish he knew that his car was very likely to be stolen and should not have left it as such an inviting target. Judges do strange things to impute liability .
This post was edited on 8/6/17 at 1:16 pm
Posted on 8/6/17 at 1:10 pm to Forkbeard3777
No, no liability on the owner of a stolen vehicle.
But why would you leave a note on the car for potential thieves? Or why wouldn't you do more to secure your car even if it doesn't lock?
But why would you leave a note on the car for potential thieves? Or why wouldn't you do more to secure your car even if it doesn't lock?
This post was edited on 8/6/17 at 1:14 pm
Posted on 8/6/17 at 1:15 pm to Forkbeard3777
quote:
Surely he won't be subject to any liability from a stolen vehicle, right? Is there any chance he could be liable for the injuries to the thief and or other driver?
Let me share with you the tale of a successful, multimillion dollar suit.
A man buys a shiny new table saw with the ability to stop the blade if it touches flesh so fast it probably won't even draw blood.
But part of the sensor got in the way so he disabled the system and removed it.
The man then cuts his thumb off.
The basis of the suit was that the company designed a system that was capable of being removed and therefore was liable for the operator's actions.
As previously stated, he won a very large amount of money in judgement.
So to answer the OP, I don't fricking know. Not with our jacked up legal system. Especially with a note showing the owner knew the car was unfit to drive.
This post was edited on 8/6/17 at 1:16 pm
Posted on 8/6/17 at 1:22 pm to Forkbeard3777
He did file a police report, right? Do that pronto if not. But otherwise, these concerns about the sign he left on the steering wheel are baseless.
Posted on 8/6/17 at 1:26 pm to Forkbeard3777
quote:People just don't do that.
He left a sign on the steering wheel that read, "brakes do not work" with a frownie face in case the vehicle was stolen.
Posted on 8/6/17 at 1:46 pm to Geauxtiga
Let this suit end up in front of any judge in CDC in Orleans Parish or in front of the Honorable Janice Clark here in B.R. and you'll find out just what La.'s justice system is really all about. Consider who the jury in either place would consist of as well. Look at all those billboards around town & up & down the interstate. Some loon would take the case in a heartbeat. If the carrier offers no defense because of no coverage then that cost will land on you, too.
Posted on 8/6/17 at 2:12 pm to Keltic Tiger
quote:
Let this suit end up in front of any judge in CDC in Orleans Parish or in front of the Honorable Janice Clark here in B.R. and you'll find out just what La.'s justice system is really all about. Consider who the jury in either place would consist of as well.
Leaving the note might give them an opening to establish he knew that his car was very likely to be stolen and should not have left it as such an inviting target.The angle would be that he should have anticipated the theft and that a wreck would follow causing injury. It would be up to his insurer to refute that argument. Might even drag his homeowner's insurance into the mix alleging he failed to secure a dangerous instrumentality. This may all seem absurd, but such is the judicial environment.
Posted on 8/6/17 at 2:14 pm to Forkbeard3777
he will not be liable
epic story though
epic story though
Posted on 8/6/17 at 2:21 pm to LSUGrad9295
quote:They know a thing or two because they've seen a thing or two....
or a Farmer's Insurance commercial.
Posted on 8/6/17 at 2:25 pm to upgrayedd
quote:
I don't see how a judge would let that suit into a courtroom.
Judge has no choice. The bottom feeding plaintiff's attorney will allege your friend did not do enough to prevent someone from stealing it and allowed a vehicle he knew was dangerous to be driven.
Book it.
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