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My sin*in law was asked to ride & break in a donkey. My son…

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My sin*in law...

My sin*in law was asked to ride & break in a donkey. My son went to get ob the animal, and just as son went to throw his leg onto the saddle, donkey bucked and son arm was caught in the reins and son was dragged quite a distance. Son was injured seriously. Took Drs 2 of them 4 hours to fix son. Ribs were broken and rotater cuff also. Person whos asked son to ride, has not helped son at all. Son also lost his job because of the accident and injuries. This was in Mar 17. Does he have a case.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Arkansas. Son is in his 50.s

Lawyer's Assistant: Has anything been filed? If so, what?

No just to the drs. No police report was made.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Statue of limitations. Son is actually son-in-law. My daughter and son in law doesn't thinks a report should be made.

Submitted: 11 months ago.Category: Legal
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Answered in 5 minutes by:
9/17/2017
Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,259
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Lawyer: Legal Eagle, Lawyer replied 11 months ago

The answer to your question is yes, but it depends in part on whether your son was considered an employee or an independent contractor. An employee who is doing things within the scope of their duties and is injured can sue for negligence. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages. Damages can be difficult to calculate, but if you click here you can use a calculator help you understand.

Even if he wasn’t an employee, if the other party knew or should have known that the donkey was dangerous, then he could make a negligence claim there as well.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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