If I was in a car with some friends and one of them caused a cigar burn, am I liable for damages incurred?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was in a car with some friends and one of them caused a cigar burn, am I liable for damages incurred?
During prom night my friends and I were smoking cigars in a friend’s car. Another one of my friends caused a cigar burn. Am I liable for damage, even though I did not create the burn?
Asked on July 20, 2011 Nebraska
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No you are not liable for damage if a) you did not cause the damage and b) it is discoverable that you did not cause it. However, in a pure negligence situation, if you were all smoking and it is possible you each could have done it, then you could all be equally liable for the full amount of damages or your percentage (the typical example is if all three people shoot at something, it causes damages, any one of those three could have caused the damage, so liability could be attributed to all three). If you are afraid your friend will seek damages, make sure you get as much evidence together to show you did not do it. If your other friend admitted to it, then you really don't have to worry about it.
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 AttorneyPages.com 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.