QUESTION
Can I sue a tire company that after a dispute over repairs failed to properly assist me in loading my tractor which caused injury?
Asked on Jul 01st, 2014 on Personal Injury - Indiana
More details to this question:
My large cub cadet tractor was taken to an agent for repair. I disputed the charge and after a fairly unpleasant exchange of I agreed to pay the amount. When leaving however the main technician declined to help me load the tractor onto my truck on their premises. A younger worker helped me push the tractor while the senior mechanic watched. The younger mechanic left to play with plastic packaging while I had to load the heavy deck single-handedly, hurting my back in the process. Does the company have the responsibility to load equipment on its property? Can I sue for medical expenses and pain and suffering? I should add this company is an agent for cub cadet.
2 ANSWERS
You case, like most cases of negligence, is very fact specific. The company has no common law or statutory duty to assist you in loading the tractor. I doubt they have a contractual or assumed duty to assist you. So, my initial impression is that you would likely have no claim against them. However, if the young worker was helping you load the tractor and all of a sudden, without warning, left you to do something else, you might be able to make a claim for negligence. You should consult with an experience personal injury attorney in your area. Be aware that Indiana has a 2 year statute of limitations on personal injury claims.
Answered on Jul 02nd, 2014 at 2:08 PM
You should consult with a Plaintiff's personal injury lawyer for specific legal advice and direction. However, if you decides to sue, you will have to possibly prove that you were not contribute to or was negligent in causing your injuries. With respect to loading equipment, you should see if there is any written information from or advertisement by the company regarding loading.
Answered on Jul 02nd, 2014 at 11:38 AM