If I was at countryfest and was struck by lightning, should I look into suing?

I was helping a fellow camper pick his stuff up because a huge storm was coming and I stepped on a grill grate. I sat down to look at it and was struck. I was flown 4 ft. into the air. An ambulance was called and I was admitted into the hospital. It’s been a year. Can I sue?

Asked on July 14, 2015 under Personal Injury, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you can't sue for lightning, unless you're suing (no blasphemy intended) the Almighty for sending the lightning. No person or business has control over lightning, and therefore no one is at fault. However, liability, or having to pay for, personal injuries is based on fault--someone not at fault is not liable. And if the grill grate contributed in any way, the law would view it as your fault for stepping on it and staying near a metal grate while a huge storm was coming.


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