who is liable?
Situation: Ok, so I am parked in my car, about to step out of it and as i do a young girl hits my door on an electric motor scooter in the street and injures her finger. Who is liable?
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Read More Answered By: Thomas Matvey |
Re: who is liable? As you know, you cannot consider this response to be legal advice; I would have to discuss this matter in depth with you and be retained as your attorney for this to be legal advice. Having provided this disclaimer, in my opinion it may be that you are liable.
Suppose instead of a girl on an electric scooter hitting your car, it was another car hitting your door. Should you have looked for oncoming traffic prior to opening your door? How could the other driver have anticipated your door opening as they were traveling down the street? You are the one projecting an object (your door) into the lane of travel and must do so with consideration of those having a right to travel on the road.
The same analysis would apply to your situation. Should you have looked prior to opening your door? If you didn't. perhaps you should have and this event may have been avoided.
Looking further at the potential fault or contribution of the other operator; how long was your door open? Was she paying attention? Should she have seen your door and avoided it or did she have no chance to avoid hitting your door.
There may be contribution to the cause of the accident on both sides in your case. |
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