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Answered in 24 minutes by:
10/30/2008
Flagbridge-CDN, Arbitrator
Category: Canada Law
Satisfied Customers: 4,618
Experience: Ontario Mediator/Arbitrator, and Legal Consultant. Law Graduate
VerifiedGreat question.
I do not necessarily agree with your split of 50/50 liability.
Here is why.
The actual and legal cause of the damage was your daughter driving and crashing into the rock.
Now although you could argue that she obtained access to the vehicle becuase the friend had stolen it from their parents, there is a legal expression called "but for" and that is but for your daughter driving and crashing the vehicle would not have been damaged.
The friend stealing the vehicle did not damage it.
The friend driving without permission did not damage it.
--------------
That is not to say there is not some liability attached here to the friend/parents thereof.
The parents are liable for not controlling the vehicle with respect to damages to the park and fined therein.
So as I see it the damages to the cart are liability of the 16 year old/her parents. and damages to the park are liability of the cart owners, who can then claim a contribution from the driver at the time of the accident.
I do not necessarily agree with your split of 50/50 liability.
Here is why.
The actual and legal cause of the damage was your daughter driving and crashing into the rock.
Now although you could argue that she obtained access to the vehicle becuase the friend had stolen it from their parents, there is a legal expression called "but for" and that is but for your daughter driving and crashing the vehicle would not have been damaged.
The friend stealing the vehicle did not damage it.
The friend driving without permission did not damage it.
--------------
That is not to say there is not some liability attached here to the friend/parents thereof.
The parents are liable for not controlling the vehicle with respect to damages to the park and fined therein.
So as I see it the damages to the cart are liability of the 16 year old/her parents. and damages to the park are liability of the cart owners, who can then claim a contribution from the driver at the time of the accident.
Flagbridge-CDN, Arbitrator
Category: Canada Law
Satisfied Customers: 4,618
Experience: Ontario Mediator/Arbitrator, and Legal Consultant. Law Graduate
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