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Blaming the victim for thief It makes absolutely no sense.
A mother provides beer to her underage son. The unlicensed and drunk 16 year old steals a car from Rankin Garage and in the ensuing joyride with his friend, crashes, and leaves his pal with a permanent brain injury. So who most liable here? The mom who gave alcohol to her teen and then went to bed? The car thief who drove a stolen vehicle while drunk and high? Or the kid who helped steal the car and then was stupid enough to ride with his impaired friend who never driven before? None of the above. The risk was real and knowable, yet there was virtually no security in place at Rankin Garage, wrote Justice Grant Huscroft on behalf of the kate spade last season three judge panel. was foreseeable that minors might take a car from Rankin Garage that was made easily available to them, he wrote. is a matter of common sense that minors might harm themselves in joyriding, especially if they are impaired by alcohol or drugs. The mom of the drunken car thief is 30% responsible for providing the alcohol and not supervising her child, the thief himself is liable for 23%, and the injured passenger assumes only 10% liability. abstained while the other two shared eight beers. mom had bought them a case of beer. and left them unsupervised. found a bottle of vodka and the boys drank it mixed with orange juice. The three shared a single kate spade outlet satchel marijuana cigarette. left to see what they could steal from unlocked cars. They hit the jackpot at Rankin Garage when they found the Camry with its key in the ashtray. in the passenger seat. was left with a catastrophic brain injury. He sued Rankin Garage, the driver and the driver mother for negligence and a jury found them all liable. In tossing his appeal last week, the kate spade black bag sale court found garage owner Chad Rankin bears the highest responsibility because he should have known that his practice of leaving cars unlocked on his lot with the keys inside was an open invitation to teenaged car thieves. With damages still to be determined in a later hearing, his 37% liability could mean the poor guy and his insurance company will be on the hook for hundreds of thousands of dollars. It seems terribly unfair. How is it that the high court decided the onus was on the law abiding owner to protect kate spade locations these little criminals from stealing his cars and going on a joyride while high and drunk? Shouldn wrongdoers be responsible for the damage they cause to themselves by their wrongdoing? And if anyone else should be held liable for these juvenile delinquents, shouldn it be their parents not the man they robbed? A mother provides beer to her underage son. The unlicensed and drunk 16 year old steals a car from Rankin Garage and in the ensuing joyride with his friend, crashes, and leaves his pal with a permanent brain injury. So who most liable here? The mom who gave alcohol to her teen and then went to bed? The car thief who drove a stolen vehicle while drunk and high? Or the kid who helped steal the car and then was stupid enough to ride with his impaired friend who never driven before? None of the above.
According to Ontario top court, the one most at fault is the Bruce County garage owner because he left the key in the ashtray of the Toyota Camry and didn ensure his lot was protected. He owed the young thieves duty of care. business was an inviting target for theft and joyriding, especially by minors.
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