My brother was asked by a lady in his apartment complex to change her tire. The car was already jacked up when she asked. While changing the tire the jack slipped out and the vehicle landed on him, he is the CCU department in critical condition. The ER removed 40% of his liver and all of his gall bladder and is still in the hospital. Who if anybody is responsible for his injuries and his pain and suffering?
3 Answers from Attorneys
You have to be able to prove someone was at fault. The legal term is neglignece. Or the manufacturer of the jack produced a faulty product. Or potentialy the owner knew the jack was defective. You need a culbable defendant and proceeds to recover from.
You need to get an expert to look at the jack and determine the cause of the failure. The best thing to do is consult with an injury attoreny in your area.
So with the information you have I really can not answer your question..
Was the problem with the way the vehicle was jacked up or was the problem with the jack itself? Your brother can recover for injuries caused by the negligence, if any, of either the person who jacked up the vehicle or the manufacturer of the jack if it was defective and failed. I advise you or your family to consult an attorney as soon as possible so that a determination can be made as to whether anyone was negligent. A number of attorneys will provide a free initial consultation.
I had a very similar case a few years ago. Potential defendants include the jack manufacturer and car owner. I was successful obtaining a significant six-figure settlement for my client from the insurance carrier for the car owner as well as her homeowners policy. Please give me a call I'd like to discuss this situation with you (216-781-2600). I have a few additional questions for you.