If someone hurts their back riding in my recreational vehicle, can they sue me?
I live in Michigan and we live in a back country area. I have a Yamaha Rhino (4x4 golf cart more or less) and ride it out on the trails every weekend. There are a group of apartments right up the road from me and I constantly hang out with a bunch of people from up there. These people all have very little money and some of them don't have a job. Well, to make a long story short, I picked up one 40 year old woman from the apartments and took her for a ride last week. In the middle of the ride, not even going over any rough terrain or anything, she screamed out all of a sudden. "Ahhhhh, my back!!," she said. There were a couple people riding with us that witnessed it. Now I'm afraid that she's going to sue me, as she keeps calling me a few days later crying that she doesn't know what she's going to do and asking me for vicodin. I think the whole thing is a play and I'm being set up. I also have insurance for the Rhino. Can she sue me and win?? Thanks in advance!!
Public Comments
1. She can try but she'd be wasting her money on a lawyer. She knew the risk of possible injury when she got in the Rhino and you have witnesses to prove that you weren't driving like a maniac.
2. no, unless you were neglegent in your care of it and it malfunctioned do to that. sounds like she had a back spasm
3. I believe she can, just like in a car. ..but you have witnesses, I don't think she will get very far. Looks like a ploy to get drugs. I wouldn't be giving anymore rides, and certainly not let anyone drive it without you.
4. She could most definitely sue you and win if she gets the right doctor to sign off and say that it was a result of the ride. She sounds like a druggy to me so that would kind of tell me that she does not have the money to get a doctor or an attorney for that mattter. I think you are safe though.
P.S. Why would she be asking you for Vicodin????
5. It would probably be difficult for them to prove riding in the Rhino caused their back injury.
My guess is that she injured it before going for the ride, and for some reason it kicked in during the ride.
I would ask a lawyer for a better opinion.
6. If someone can sue McDonald's for being burnt by hot coffee AND WIN, then sure why can't someone sue you for something just as stupid.
7. She's a druggie, now you know not to ever go near the trash heap again. She can sue, and maybe not win but settle out of court.
8. She could sue, just like if she were the passenger in a car. I would contact your insurance company and talk to them. Use your witnesses!!!!!
9. She may be able to sue your insurance company ... but .... did she file a police report ? or contact a lawyer ... don't give her anything out of pocket ... let her try to sue your insurance .
I doubt very much that she'll win .
10. Vicodin? she was specific??
are there any witnesses to that? I believe THIS is your defense. I believe she is drug seeking. CASUALLY Go see how she is. Bring your witness and ask her if she is feeling better and
"Is there anything I could get you to make you feel better?" Do not admit guilt and do not say I am sorry except
that's really sad you are having spasms, Just don't add... BECAUSE of the ride.
11. You should record any incomming phone calls from her. It doesent sound like she could afford a lawyer if she wanted to. And she would have to have medical records that prove she hurt her back while riding your golf cart, she could have hurt her back long before that ,Do you know if she went to the dr. about this? If not she doesent have a case,it sounds like she is trying to black mail you.And you could turn around and get her for that if you record her phone calls asking for perscription drugs.
12. She sounds like a nutjob. Asking you for Vicodin?!
If I were you I would have nothing further to do with her. I wouldn't take her calls, but I would maybe document them and her requests for Vicodin. You can't control whether she decides to sue. Don't worry about it. It's unlikely that she'll get far, and your insurance company will represent you anyway.
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On second thought, I might call my insurance agent and run it by them, just to see what they think.