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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 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.


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