If I get drunk and stoned, steal your car, and almost kill someone..it's YOUR fault!!

[2porscheguy]

A truly Canadian WTF judgement.....!!!

Ontario garage owner gets chance to fight liability for teen injured in stolen car crash | National Post

OK, a bit of a dumbazz for leaving the keys in the ashtray of an unlocked vehicle in an unlocked garage.....but still...?!?

[1990C4S]

The car owner is 'only' 37% responsible. And I suspect this is essentially a way to get money from an insurance company.

I don't leave my keys in my car because I know it could or would get stolen, that event is foreseeable. Hence the apportioned responsibility.

Trial witnesses, the court noted, testified that Rankin’s Garage routinely left cars unlocked with the keys inside. In addition, evidence was that the garage took no measures to keep people off the property when it was closed; there had been a previous auto theft from the lot; and joyriding in the area was common.

Sounds like they are all stupid. What kind of garage owner is too lazy to lock the cars and keep the keys inside?

[Jim Richards]

^^^this

[sammyg2]

When did personal responsibility stop being PC?

If you are a low-life who doesn't care about right from wrong, it is not my job to go around shielding you from temptation.

If you steal, it's your fault and your fault only.
No one else's.
It doesn't matter if the ****ing keys are hanging from a big neon sign that says here are the keys, it's still all on the thief.

[2porscheguy]

^^^I'm totally with the samster on this....

Oh, but I forgot one important thingy...

I must assure myself that the youth in my community are not able to take possession of such a dangerous object.......!!

[1990C4S]

Personal responsibility goes both ways.

[JD159]

The jury then found the injured teen and the defendants negligent, but laid the bulk of the blame — 37 per cent — on the garage owner.

Last October, Ontario’s Court of Appeal refused to overturn the trial verdict, saying that Rankin did indeed owe J.J. a duty of care. It also found the jury’s findings reasonable.

“On the face of things, the notion that an innocent party could owe a duty of care to someone who steals from him seems extravagant, but matters are not so simple,” Appeal Court Justice Grant Huscroft wrote for the panel. “It is well established that the duty of care operates independently of the illegal or immoral conduct of an injured party.”

The Appeal Court found that ample evidence supported the conclusion of “foreseeability” that a car might be stolen.

Trial witnesses, the court noted, testified that Rankin’s Garage routinely left cars unlocked with the keys inside. In addition, evidence was that the garage took no measures to keep people off the property when it was closed; there had been a previous auto theft from the lot; and joyriding in the area was common.

[JD159]

Complex issue. Those who think this is a black or white issue are grossly oversimplifying legal frameworks.

The situation sounds crazy, but there is logic behind the arguments.

What if the two idiots stumbled onto his property (a property in which he took no measures to enforce) and fell through a 10ft pit he was digging. Yes, they were trespassing, but the guy did not secure his work area.

[Joe Bob]

So I guess if my iPod is stolen from my car and the dipwad goes into an epiliptic fit once he hears my 60-90s head anging music...it's my fault? Kill me now....after I pee on Sammy's lawn.

[-Levi-]

the only victim here is the garage and whoever those kids ran into

[JD159]

Originally Posted by sammyg2

When did personal responsibility stop being PC?

If you are a low-life who doesn't care about right from wrong, it is not my job to go around shielding you from temptation.

If you steal, it's your fault and your fault only.
No one else's.
It doesn't matter if the ****ing keys are hanging from a big neon sign that says here are the keys, it's still all on the thief.

Ok so how would you consider trespassing in this event?

What if I hang keys on a big neon sign that says here are the keys, and some idiot steps onto the property, accidentally knocks over a nail gun and it shoots off his left testicle. No blame on the property owner?

What if I have an electric fence around my building, but not around my property, and no sign warning about the fence. Is no guilt on the property owner simply because the idiot illegally trespassed? Or does stealing the car somehow make it okay to not provide signage?

I hate the "a guy got sued for killing a burgler" story as much as anyone, but these issues are complicated.

[2porscheguy]

OR... what if those "poor little drunken stoned children" got into my house via an open window "cause it's hot outside" and took the keys....

[Fast Freddy 944]

Don't you just love the hug a thug society we live in? LOL!

[JD159]

Originally Posted by 2porscheguy

OR... what if those "poor little drunken stoned children" got into my house via an open window "cause it's hot outside" and took the keys....

They would likely argue that your house is secured, so not your fault.

Consider this scenario for a sec. You leave the keys in your car, in your driveway, unlocked, and an 11 year old kid takes it for a joyride and crashes. Who is liable?

[flipper35]

Originally Posted by JD159

Complex issue. Those who think this is a black or white issue are grossly oversimplifying legal frameworks.

The situation sounds crazy, but there is logic behind the arguments.

What if the two idiots stumbled onto his property (a property in which he took no measures to enforce) and fell through a 10ft pit he was digging. Yes, they were trespassing, but the guy did not secure his work area.

OK, but what if they went to a playground, got swinging and jumped out and broke their necks? Do they need to lock the swings when no one is around?

[JD159]

Originally Posted by flipper35

OK, but what if they went to a playground, got swinging and jumped out and broke their necks? Do they need to lock the swings when no one is around?

Good point, but your house/car/business are private and the swing sets are public, so it would be more on par with a someone trying to sue the city because the steepness of a hill at the park caused them to roll down the hill and break their arm.

I'd want to ask the judge what they think about that.

[flipper35]

OK, so what if it is my kids playset instead of a playground?

[Nickshu]

LOL I'm sorta glad to see this is not uniquely a USA phenomenon.

[JD159]

Originally Posted by flipper35

OK, so what if it is my kids playset instead of a playground?

If your property is properly fenced, it wouldn't be on you. Goes back to the issue of not having a gate but having a pool. It isn't your fault someone slipped and fell into your pool and died, but it is yours for not having a fence.

[Racerbvd]

This is why you shoot punks when you catch them breaking into your car. Blow their heads clean F***ing off.