Working on friends car car dropped on my leg crushing calf muscle had surgery

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Working on friends car car dropped on my leg crushing calf muscle had surgery

Had compartmental surgery on lower leg
a month ago still in pain and cant walk
fully from working on friends suv in my
drive ….suv fell off jack crushing
calf muscle resulting in injury
/surgery with home nursing physical
therapy and constantly in pain to this
day … dont know if her car insurance
would cover or my landlords home
insurance or what options i have

Asked on December 28, 2016 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Neither insurance would cover you, based on what you write:
1) Liability insurance covers injuries caused by the car when it is being *driven*, not when it is parked or being worked on.
2) The landlord is not liable for an accident which occurs on his/her property unless he or she was at fault in causing the accident  in some way, which does not appear to the case--the landlord had nothing to do with the accident. And if the landlord is not liable, he or her insurance does not have to pay.
3) If the car fell off the jack, IF the reason was the jack was defective, you may be able to sue the manufacturer and/or distributor for product liability; you'd need evidence (e.g. an engineer's expert report) showing that and how the jack was defective, and that the defect caused the accident. But if the jack was not defective and the car fell either due to your own negligence (e.g. not setting it up or using it properly; or due to a high wind; etc.) there is no one at fault (other than possibly you) and no one to sue. 
This is likely a case where there is no one else liable for your injury, unfortunately.


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