Its an interesting use of law.
I was thinking about getting a garden gnome for my front garden which has an implied
accessability. Ie mailmen and visitors are allowed into the front area so that they
can get to my front door to deliver or call. Hence I have little security to prevent
people getting in, just a gate.
I am getting worried that if I have a garden gnome in my front garden and a psychopath
wanders in and uses it to bludgeon someone to death that I might be charged as an
accessory through negligence.
For those of you metaphorically challenged, this is a metaphor. I haven't read the
entire thread but I presume similar examples have also been posted.
This goes to show that this thread will never ever die.
Thanks,
Paul.
>>> "Grimes, Dean" <[EMAIL PROTECTED]> 6/12/2001 02:02:34 pm >>>
Actually, I think this has already happened. I remember reading in the paper
or seeing it on the news a number of years ago (early 90's or late 80's)
about a woman who left her car running while she ran into a convenience
store for just a minute. In that minute her car was stolen and used in a
bank robbery. During the get-away, the perps hit someone and other things
with the car.
Now, I don't believe she was charged criminally for the bank robbery, but
she was sued in civil court for damages wrought during the get-away. She
lost that case for the very reason stated in the article. In addition, her
insurance refused to pay for damages for the same reason.
You can go to any search engine and search keys+car+running+stolen and find
a number of cases where the person was either held liable or negligent for
that very thing. It is, therefore not too much of a stretch to assume that
similar action could be taken against home computer users. Will it happen? I
don't know.
-----Original Message-----
From: Webmaster [mailto:[EMAIL PROTECTED]]
Sent: Monday, June 11, 2001 1:02 PM
To: Claussen, Ken; 'Zachary Uram'; 'Young, Beth A.'
Cc: [EMAIL PROTECTED]
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
>
> -
> [To unsubscribe, send mail to [EMAIL PROTECTED] with
> "unsubscribe firewalls" in the body of the message.]
> -
> [To unsubscribe, send mail to [EMAIL PROTECTED] with
> "unsubscribe firewalls" in the body of the message.]
-
[To unsubscribe, send mail to [EMAIL PROTECTED] with
"unsubscribe firewalls" in the body of the message.]
-
[To unsubscribe, send mail to [EMAIL PROTECTED] with
"unsubscribe firewalls" in the body of the message.]
---------------------------------------------------------------------------------------------------------------------------
CRESTCo Ltd. The views expressed above are not necessarily those
33 Cannon Street. held by CRESTCo Limited.
London EC4M 5SB (UK)
+44 (020) 7849 0000 http://www.crestco.co.uk
---------------------------------------------------------------------------------------------------------------------------
-
[To unsubscribe, send mail to [EMAIL PROTECTED] with
"unsubscribe firewalls" in the body of the message.]
