I was driving my golf cart and hit a sharp kinda reckless turn and he fell off. He has a few scrapes but his iPhone screen broke a little. He asked to come on and he knew the risk. The cart was overcrowded and we are all minors. Can he sue my for the damages?
He certainly can sue you, but the question is whether he will win and how much. Here, there is a potential claim that you acted negligently and that you had a duty to your passenger to drive more cautiously. You intelligently are on to something with the concept of assumption of the risk, and there may be some teeth to that defense, but that might be the same argument a driver of a car would make when a passenger sues him for injuries suffered when the car negligently drives into a wall. One can see why the law would not want to allow all drivers to be immune from all liability from the injuries of their passengers.
The good news for you is that the damages are so minor that it would not be likely he would sue. He would have to front court filing fees that probably exceed the cost of fixing the phone. He might be able to get a judgment against you for some amount to fix the phone and for his filing fees, but then he has to go through the arduous process of trying to collect those amounts from you.
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The simple answer is yes he can. The question is what insurance coverage may apply and are his injuries worthy of a claim or suit.
General Practice Lawyer
I agree with my colleagues here.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
There are services that will replace an IPhone screen for a small amount
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