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I want to know if I have a valid case to sue for negligence, endangerment to life Negligence, Other Injury

Discussion in 'Accidents, Injuries, Negligence' started by mct2413, Sep 23, 2011.

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  1. mct2413

    mct2413 Law Topic Starter New Member

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    I would like to know if I have a valid case to sue for negligence, endangerment to life and property by providing defective equipment.

    This is what happened:

    I rented a truck from a moving company to transport my household belongings from one state to another state. I took possesion of the truck by singing a contract on my name, for the trip of over 1300 miles interstate. The driver was my brother-in-law. When I took possesion of the truck all was well, however, when we reached 3/4th of our distance, i noticed that the front tires, especially the drivers side,were wearing out fast and could see the inside belts, I brought this to the attention of my brother-in-law who was driving the vehicle and he refused to drive any further, saying that it is dangerours to drive any further as it could cause a blow out and a serious accident. We called for emergency help from the company and they sent a tire replacement. On replacing the tire the technician who replaced the tire, noticed that a bolt securing the tie-rod ends for the steering linkage was missing and he said "I would not drive this vehicle in this condition as it is not safe to drive, so please call the company for further advice." A second technician/tow vehicle was sent and that technician too said the same thing, that the vehicle was unsafe to drive. The company provided a replacement vehicle after much talking on the phone and assurances given, all of which were not honoured. I caused us a lot of mental tension, hardship and most of all we were scared that we were driving a vehicle that was a possible accident hazard not only to our lives, lives on the road and damage to public and personal property.

    This being the situation, I want to know know whether I have a valid case to sue the trucking company for damages due to "Negligence, causing endangerment to life and property and emotional stress during the whole episode." Would appreciate if I could get answers and feedback.
     
    Last edited: Sep 23, 2011
  2. army judge

    army judge Super Moderator

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    You had no damages.
    The things you fear that could have happened, failed to happen.
    You can sue anyone for anything.

    However, you have no damages.

    You can't collect (or be made whole) for what might have happened.

    There is no action for mental anguish.

    There is the tort of intentional infliction of emotional distresss.

    However, suing for damages based in IIED has a very high threshhold to break. I don't see where you've met it.

    The rental company repaired every defect you reported.

    You had a duty to inspect the vehicle prior to taking delivery of it.

    You failed to do that.

    Therefore, I see no cause of action founded on the basis you proffer.
     
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  3. fredrikklaw

    fredrikklaw Moderator

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    Happy to say you DO NOT HAVE A CASE!

    I am in full agreement with Army Judge’s answer and the reasons for reaching it!

    Yes, unfortunately, or fortunately I should say, you do not have a case here since there were (Thank Goodness) no damages incurred and collecting on a claim of I.I.E.D. requires a very high degree of proof which includes a showing by the plaintiff of the stress having actually caused a cognizable physical ailment.

    That aside, you would still have had no case against the rental company even if you were injured or killed (in which case someone else would have filed a wrongful death posthumously) in an accident the direct cause of which was the defective vehicle parts. Simply because you still elected to drive the vehicle even after two professional inspections showed the vehicle to be unsafe to drive and you were advised accordingly, but still got behind the wheel and drove on. That showed an unequivocal ASSUMPTION OF the RISK on your part which would have more or less let the defendant off the hook had there actually been a lawsuit.

    And as has already been said above, you cannot sue for what “could have happened” and “might happen” in the future. So, I am happy to say that there are no legal avenues for you to explore and count your blessing you are still in one piece and in good health.

    fredrikklaw
     
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  4. mightymoose

    mightymoose Moderator

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  5. mct2413

    mct2413 Law Topic Starter New Member

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    Thanks, I appreciate you feedback. The reason I posted to question was to get answers as I did not know where to turn to clarify my doubts. Thanks once again.
     
  6. mct2413

    mct2413 Law Topic Starter New Member

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    Thanks for the feedback, It was appreciated.
     
  7. Disabled Vet

    Disabled Vet Well-Known Member

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    I agree with the above.... I will also say this. You need to rent from this company in the future as well. It sounds like they repaired everything you requested. Some companys would make you wait days... If they got someone out to you within reasonable time then I would use them all the time. You could ask for a small discount on the cost of your rental. If they did give you a discount remember they are only doing it for CUSTOMER Relations.. not because they have too. I am also glad to hear you protected yourself, family member and all the other's on the road way by NOT driving a unsafe truck. Thank you for that.
     

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