Your example is a standard law example showing negligent liability.
from http://lawschool.lexis.com/emanuel/web/torts/torts06.htm
C. Foreseeable intervening causes: Often the risk of a particular kind of
intervening cause is the very risk (or one of the risks) which made D's conduct
negligent in the first place. Where this is the case, the intervening cause will
almost never relieve D of liability. [148 - 151]
Example: D leaves his car keys in the ignition, and the car unlocked, while
going into a store to do an errand. X comes along, steals the car, and
while driving fast to get out of the neighborhood, runs over P. If the
court believes that the risk of theft is one of the things that makes
leaving one's keys in the ignition negligent, the court will almost
certainly conclude that X's intervening act was not superseding.
1. Foreseeable negligence: The negligence of third persons may
similarly be an intervening force that is sufficiently foreseeable
that it will not relieve D of liability. [149 - 151] (Example: D is a
tavern owner, who serves too much liquor to X, knowing that X arrived
alone by car. D also does not object when X gets out his car keys and
leaves. If X drunkenly runs over P, a court will probably hold that
X's conduct in negligently (drunkenly) driving, although intervening,
was sufficiently foreseeable that it should not absolve D of
liability.)
2. Criminally or intentionally tortious conduct: A third person's
criminal conduct, or intentionally tortious acts, may also be so
foreseeable that they will not be superseding. But in general, the
court is more likely to find the act superseding if it is criminal or
intentionally tortious than where it is merely negligent. [151]
"Webmaster" <[EMAIL PROTECTED]> on 06/11/2001 02:01:38 PM
To: "Claussen, Ken" <[EMAIL PROTECTED]>,
"'Zachary Uram'" <[EMAIL PROTECTED]>,
"'Young, Beth A.'" <[EMAIL PROTECTED]>
cc: [EMAIL PROTECTED](bcc: Bill
Royds/HullOttawa/PCH/CA)
Subject Re: 3rd party liability Was RE: This is a must
: read document
Ken,
To clarify, you say that if I leave my keys in the car and the door unlocked
and someone steals the car and kills someone with it, I'm partially liable?
That's stretching it a bit...I think the burden should fall squarely on the
shoulders of the person that stole the car. Please don't think that this
means that *every* situation like this is the same. But I don't think we
need to start putting the folks that can't remember to tie their shoes in
jail...
Michael Sorbera
Webmaster
Randolph-Brooks Federal Credit Union
----- Original Message -----
From: "Claussen, Ken" <[EMAIL PROTECTED]>
To: "'Zachary Uram'" <[EMAIL PROTECTED]>; "'Young, Beth A.'"
<[EMAIL PROTECTED]>
Cc: <[EMAIL PROTECTED]>
Sent: Monday, June 11, 2001 11:30 AM
Subject: RE: 3rd party liability Was RE: This is a must read document
> ***Disclaimer I am not a lawyer, nor do I play one on TV****
> First I agree with the author's perspective, people should be held
> accountable for their actions, or inaction. My understanding of the
article
> was if you had the club on the car then you upheld the "reasonable
> expectation" of personal protection and therefore would not be "Held
> liable"(read negligent) in this case should a crime be committed. A better
> analogy would be to say if you left the keys in the ignition and the door
> unlocked and someone then used your vehicle to commit a "Hit and Run" that
> there is a far greater likelihood your actions would be found negligent
and
> you could be held accountable. In other words if you provided easy access
> to the "Weapon" for a third party, then you are as much as fault as the
> person who committed the crime. Hence the potential to be charged as an
> "accomplice" to a murder. Same applies to computers, if you enable "File
and
> Print sharing" and do not take measures to protect yourself, IE a Virus
> scanner and/or (IMO both should be required) personal firewall then
> essentially you have left the keys in the ignition and the doors unlocked.
> Anyone for a joyride?
>
> Ken Claussen MCSE CCNA CCA
> [EMAIL PROTECTED]
> "The Mind is a Terrible thing to Waste!"
>
>
> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED]]On Behalf Of Zachary Uram
> Sent: Monday, June 11, 2001 10:59 AM
> To: Young, Beth A.
> Cc: [EMAIL PROTECTED]
> Subject: Re: 3rd party liability Was RE: This is a must read document
>
>
> this is silly position but understandable considering we live in
> most litigitous country in the world.
> this is analogous to saying if you don't have "The Club" on your
> car you are liable if someone steals it and commits a crime.
>
>
>
> [EMAIL PROTECTED]
> "Blessed are those who have not seen and yet have faith." - John 20:29
>
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