Q: Can you sure for an accident resulting in breaking a bone on somebody’s property?
I was getting into my car and because of the unpaved driveway up a steep hill with loose gravel and dirt, the car kind of shifted a bit and I tripped and ended up breaking my ankle which cost me my job. I’m just at a loss now I don’t know what to do , is it possible to sue for this matter?
(Sorry for the typo, I meant sue.)
A: Your facts are not very clear. I can't tell if you were injured getting into your car, while inside your car, or getting out of your car. A person cannot trip while driving a car. I will assume that the car moved as you were trying to get in, causing you to fall and break your ankle. Either way, the answer to your question depends on who owns the driveway in question, and whether or not the driveway was defective. Since it sounds like you parked the car safely, and the problem occurred when you were trying to leave, I don't know that the owner of the driveway would be liable for your accident. The owner could claim that you simply tripped and fell getting into your car. It sounds like a very tricky case. I always take photos of where an accident happened. Perhaps you could go back to this driveway and photograph it, or look for defects such as holes, rocks, broken glass, etc. You may entitled to receive medical payments for your injuries from the company that insured your vehicle. There are many cases (that go both ways) on persons being injured while getting into or out of a car. If you are lucky, your insurance company should pay your medical bills up to the maximum amount of the med-pay coverage. Good Luck.
A: You can sue. It is unclear whether you would win. Usually, you have to show some unreasonably dangerous defect in the condition of the property - dangerous design, failure to perform maintenance, etc.. Having a gravel driveway would not qualify.
A:
MORE INFO NEEDED
ANYONE CAN SUE ANYONE FOR ANYTHING AT ANY TIME.............THE ISSUE IS WILL THEY WIN.
THAT REQUIRES THE VICTIM TO PROVE SOMEONE WAS NEGLIGENT. IF YOU CAR MOVED AND IT WAS BECAUSE THE CAR WAS NOT IN PARK OR THERE WAS SOME DEFECT IN YOUR CAR TO CAUSE IT TO MOVE, THEN IT SOUNDS LIKE LIABILITY MAY REST WITH YOU.
I SUSPECT YOU WOULD HAVE A HARD TIME FINDING A LAWYER BUT YOU CAN ALWAYS SUE IN SMALL CLAIMS FOR UP TO $10K BUT YOU STILL HAVE TO PROVE IT WAS SOMEONE ELSE'S FAULT.
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