Legal Question in Civil Litigation in New Jersey
negligence
A gas station attendant left the nozzle in my car and I started to drive away, I know these are set up to break away in incidents like this, they closed the station down, can they try to blame me for the business lost while they were closed?
3 Answers from Attorneys
Re: negligence
Do you worry about malaria every time you get bitten by a mosquito? Anybody can sue for anything. If is is a baseless claim, you get it dismissed on summary judgment. It there is a question of liability and actual damages, that's why there is a judge. They have psychiatrists for those who worry about all the things that MAY happen. Can you control what they do? No. Try focusing on real issues.
Re: negligence
Did the incident happen at a New Jersey gas station? In New Jersey, a customer is not allowed to pump his/her own fuel but instead, is required to have an attendant do the fueling. You are not liable for the negligence - and resulting consequences - of the attendant who is an employee of the gas station. However, if you have not already done so, you should contact your auto insurer. If the station attempts to sue you, your auto insurer may provide legal counsel to defend you. If they do not, you should retain your own attorney.
Re: negligence
Usually, one orders gas put into the gas tank of the car. The gas nozzle is stuck into the opening for the gas tank and when the gas has been transferred to the car. The nozzle is withdrawn from the gas tank ans the driver pays for the gas and then drives away. If this is what happened before you drove awsy it was not your fault and you will not be sued.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattornryatlaw.com