Q: I got burns when my coffee spilled on me after another drive side-swiped my car. The car accident itself didn't cause
any injuries but the coffee spillage did. Can I still sue that driver to get my medical bills paid?
A: Your question is relevant to the legal doctrine of "proximate cause". Simplified, the doctrine states that a negligent (at fault) party is responsible for all damages that are sufficiently related to the act or omission at issue. In your case, you would have to prove: (1) the other driver was operating his/her vehicle without due care; and (2) the burns from your coffee spill were sufficiently related to the other driver's failure. In your case, that should not be difficult. However, watch out for something called "contributory negligence". The other driver is entitled to argue that your injuries would not have occurred if you had been acting with due carei.e. not drinking your coffee while driving, or not paying attention to the road you
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
