Legal Question in Civil Litigation in California

Re: running over something on the ground with a car

Sounds like a good Judge Judy case. I think you win.

Re: running over something on the ground with a car

As you describe it, you were driving on a roadway using due care and ran over the surfboard solely because you could not see it. If that's the way it comes out in court, I think you should win.

At a minimum, I agree that the board owner was contributorily negligent in leaving the board in the roadway. In some states, contributory negligence is a complete defense to this kind of claim, but in California a court or jury can apportion fault, based on the percentage of responsibility that the court or jury thinks should be assigned to each party. In this case, I think the surfboard owner was 100% at fault; but there is always a risk that a court or jury will find some degree of fault on the part of the defendant (you, in this case), and make you pay some portion of the cost of repairs/replacement.

Obviously, it will turn on what the lighting was and how visible the board was (brightly colored or in a gray carry-bag?), how fast you were driving, how long the board was in the road, etc. The board owner obviously thinks that you should have seen it, if you were being careful. He has the burden of proving negligence; but if he brings a Small Claims Court suit, bring along a favorable witness when you go to court. Pictures of what is visible from your vehicle might also help.