[NTLUG:Discuss] Real dangers of CR2

[David Neeley]

Fred,

I can think of several scenarios where the owner of a motor vehicle is not a
responsible party. For example, if your car is stolen and then is involved
in an accident, you are not responsible.

Owners' responsibility is a function of their allowing someone else to drive
the vehicle. In all cases, the operator of the vehicle is responsible,
without exception insofar as I am aware. Therefore, the statement that the
owner is deemed to be *the* responsible party is untrue. Depending upon the
circumstances, the vehicle owner may be *a* responsible party.

Manufacturers have been held liable in many cases in which they had no
adjudicated *criminal* liability. When private parties sue, the negligence
they claim is a civil standard of negligence. Criminal negligence is only
determined in a criminal suit, brought by a governmental unit on behalf of 
the people" and not by any individual or individuals.

A manufacturer of a computer OS might in fact be found grossly negligent in
releasing a product that is defective based upon a standard of reasonable
fitness for purpose.

David

-------Original Message-------

From: discuss at ntlug.org
Date: Friday, August 10, 2001 11:25:11 AM
To: discuss at ntlug.org
Subject: Re: [NTLUG:Discuss] Real dangers of CR2

Under the laws in the USA, the owner of the "at fault" vehicle in any
motoring incident is deemed to be the responsible party, and therefore
liable for damages. The manufacturer of said vehicle has to my
knowledge only been held responsible in such cases as they could be
shown to be criminally negligent, having knowingly sold a defective, or
unsafe vehicle. I would presume that the manufacturer of a computer OS,
or other software, might at least concentrate some of their defense in
that area.
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