Can't see how Jeep can be liable, everything is spelled out in the owner's manual as far as the Jeep's capabilities and how to safely tow with the Gladiator.… As in lawsuit against the driver or manufacture? I could see responsibility on both sides here.
Trailer sway (fishtailing) can easily panic a novice tower, resulting in overcompensating corrections, exacerbating the fishtailing... rather than calmly driving the trailer through the sway, and allowing it to straighten back out again. On my back and forths crossing the country, I’ve come across too many late night accidents, involving overloaded Uhaul trailers. Always the same story from the driver... “...it was towing fine, for hours, then out of the blue started fishtailing...” more likely started when driver (getting tired) made a sharp correction and started the trailer swaying... combine that with too heavy, probably no swaybars, no brake, novice tower... and “Houston we have a problem!” ;{Not necessarily. My old toy hauler weighed (on a scale) in at 7k with a rhino, 2 quads and full fresh water tank. This one looks about the same size.
But I’d venture no weight distribution hitch the way the vehicle is twisted relative to trailer. And probably no brake controller either. Which probably points to an inexperienced person behind the wheel...
Here's what hit my mind first time I saw those pics a month ago:
Who camps alone with a camper that big?
Nobody? Well then he was massively overloaded because a Rubicon with a family inside will typically be limited to <4,000 lbs. towing legally due to it's payload rating.
So my guess is, this guy is in serious trouble with the insurance company and he's lucky the only vehicle with damage was his.
noDoes the tow package not come with a brake controller?