Visitor Question

Car Hood Fell on My Hand…

Submitted By: Anonymous (USA)

A couple of months back, a guy came to fix a car I was in that had broken down. He left the hood open and asked if I could push the car out of the way as we were at a service station. I did and then the hood fell down on my hand.

He said it was his fault for not attaching the thing to hold the hood up. I now have arthritis in those fingers. Can I pursue compensation from him or the service station?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

It depends.

Arthritis is a degenerative disease which, by its very definition, means it is a gradual disease. Pinpointing the exact date of the onset of arthritis it very difficult. When arthritis begins it is usually unnoticeable.

Although it is not a cancer, it acts like one. Once it begins it metastasize it normally goes undetected until the calcification of the bones grows large enough to touch one of the nerve endings in the immediate area of the onset.

For the service station to be held liable you must be able to prove at or about the time the hood fell on your hand the onset of arthritis began. Doing so will be close to impossible. We did some research and were unable to find any recent cases where a lawsuit was successful in connecting a specific incident with the onset of arthritis.

Regrettably, your arthritis may have begun at an earlier time and you just didn’t realize it until soon after the hood fell on your hand.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 25, 2011

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