Legal Question in Civil Rights Law in California
Liability
If a person blocks the sidewalk with a lemonade stand, and forces a pedestrian to walk into a busy street to get around and he is struck by a passing motorist who is not paying attention, who is liable for the pedestrian's injuries?
2 Answers from Attorneys
Re: Liability
There is probably joint liability between the motorist, little kid with the lemonade stand, and the pedestrian for not using due care. A jury would have to sort out what percentage fault can be attributed to each one.
Re: Liability
Primarily the auto, maybe the vendor, both with claims of contributory negligence of the pedestrian for not looking either. If there are serious injuries and medical expenses it is certainly a case to pursue, regardless of the claims of defenses. If so, and it happened in LA / OC, feel free to contact me.
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