The Utah Court of Appeals has ruled that people who help others move are civilly liable for personal injury when they negligently secure the load and someone else is hurt as a result.  On March 29, 2002, Dan McNeil helped someone move.  To that end, he helped load a truck with several pieces of furniture, including a chair.  He participated in tying down the load but was not involved in driving the truck to the new home.  En route, the chair fell out of the truck, injuring Jennifer Ottens in a subsequent automobile accident.

McNeil defended his lawsuit by claiming that only the driver of the truck was negligent. He argued that the Utah Traffic Code makes it a criminal offense for any driver to operate a vehicle with an unsecured load.  Therefore, the driver was liable, but not those that helped load the truck.

The Court of Appeals disagreed.  It held today that both the driver and all persons who help load and secure a truck are liable if the truck was negligently loaded and a third person is injured because of the negligent loading.  The Court of Appeals remanded the case for a new trial.