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McLovin McLovin is offline
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Join Date: Jun 2009
Location: On a beach
Posts: 10,127
yes, it comes down to reasonableness.

you can't leave your bombmaking factory unlocked, a hospital has to reasonably secure its morphine, banks can't leave your money sitting unattended in the parking lot. There will be liability if bad things result.

Yes, in a perfect world, no one would steal the bombs, the morphine or the money, and it could all be left sitting in the street overnight, and still be there in the morning.

But we don't live in a perfect world. And in our imperfect world, it is reasonably foreseeable that things get taken if they are not handled in a reasonable manner.

Nobody (I think, but I've been surprised before) would argue that it would be reasonable for a valet parker to take your car, park it on a public street outside a restaurant, and leave the keys sitting on the roof or the dashboard. Everyone would hold the valet company liable if the car was stolen.

Query why that is? What would be your response if the valet company said "We have no liability, the thief shouldn't have taken your car, leave us alone."
Old 12-15-2010, 12:36 PM
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