Legal Question in Civil Litigation in Minnesota

My Husband runs 2 trucks in a business he has, that I am not connected with. My husband has a crippling deasease, that has so far, left him with little to no use of his fingers. His legs are also effected. To shift the truck he has to put both hands on the shift stick to move it.

Knowing that he hasthis condition and that he is driving/operating these trucks, and there is an accident involving great bodily harm or death, would I be civially held liable for allowing this?


Asked on 1/06/12, 6:36 am

1 Answer from Attorneys

It may depend on how the business was set up and operating. Most likely yes, if it is a sole proprietorship and you have all your money held jointly. Hopefully, he has the proper insurance to protect you and him.

If your question is whether you would be personally liable solely because of your knowledge of his condition and didn't tell someone, I doubt it. I am not aware that you have any duty to notify anyone. Perhaps a creative attorney could configure a unique cause of action, but I doubt it would go very far.

Obviously, if you think your husband is a danger to himself and others on the road you should take the appropriate actions. Regardless, if you may be financially liable or not. Money is only money. What if something did happen? I am pretty sure you would have a harder time dealing with the life consequences than your financial liability.

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Answered on 1/06/12, 10:11 am


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