Can I sue a roadside car service for nearly killing me and causing heat stroke?

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Can I sue a roadside car service for nearly killing me and causing heat stroke?

My car broke down and got stranded in Death Valley on the day it set the highest ever temperature for that month. I called my car company’s roadside service to get a tow. They ended up giving the tow company the wrong location which caused me to wait for 2.5 hours in 120 degree heat. The driver found me just after regaining consciousness on the verge of death from heat stroke. On top of that, the dispatcher did not mention to bring a flatbed so I had to wait an additional 2 hours for him to hook up my car in A/C that barely worked. I lost consciousness twice while in the truck. I’m still recovering from the heat stroke.

Asked on July 1, 2013 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It is doubtful you could successfully sue them. The are not a rescue service: if  you were in physical jeopardy (such as from the heat), you should have called the highway patrol, state police, 911, etc. A roadside assistance service has no duty to rescue you from physical peril, and therefore would not be liable for a failure to do so.


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