Legal Question in Personal Injury in California

A guy Passed out drunk in my personal parking garage when I pulled in I ran over his leg as I did not see him am I liable


Asked on 2/26/13, 8:03 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Maybe. Maybe not. You haven't provided enough facts.

If you had no reason to know he was there and could not reasonably have seen him before you hit him, then you probably aren't liable. But maybe you could have seen him and didn't because, say, you were looking at something else or didn't have your lights on. Or maybe you had seen him passed out there earlier and just took it for granted that he was gone. Or perhaps you had piled up your belongings in a way that unreasonably obstructed your view.

It may also matter why this man had access to your garage. If you invited him in you are more likely to be responsible than if he was a trespasser.

There are plenty of other reasons why you might be liable, and plenty why you might not. You should consult with an attorney and explain the details of your case.

Good luck.

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Answered on 2/26/13, 8:53 pm

You might be. Plaintiff's lawyers are very adept at coming up with theories that juries buy as to why someone is liable to someone else. You should immediately tender this matter to both your automobile and homeowners insurance companies. They will decide whether there is any merit to any claim he makes, and if he sues you they will be obligated to provide you with a defense attorney.

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Answered on 2/26/13, 9:00 pm
Joel Selik www.SelikLaw.com

Your automobile insurance will provide to you an attorney to go through the facts and determine liability, and analyze the damages. That is what we have insurance for, so they should take away the stress on you. It certainly seems on first blush you should not be responsible.

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Answered on 2/27/13, 9:24 am


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