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Tort / Negligence Questions

  • 29-01-2020 5:49pm
    #1
    ezra_
    Registered Users, Registered Users 2 Posts: 1,363 ✭✭✭


    Good evening,

    I have two (hopefully simple and straight forward) questions.

    1 - Is there any case law surrounding the question of negligence when it comes to leaving keys in a car (say at a petrol station or on the street), and the car is then stolen and someone is hurt. Would the hurt person be able to raise a claim against the owner of the car?

    2 - This is a product liability issue. Say, for example, I have a thermostat which is connected to a central heater. The thermostat malfunctions and the heater then is damaged due to overuse. The thermostate remains in the manufacturers warranty. Would I have a claim for the damage caused to the central heater against the thermostat vender / manufacturer?

    Thanks!!!


Comments

  • #2
    randomrb
    Registered Users, Registered Users 2 Posts: 351 ✭✭randomrb


    In regards to number 1 there is a very interesting case exactly along those lines. It all depends on how foreseeable the accident was. If you leave your keys in your car with the door open in a dodgy area you may be liable for some of the damage done if its stolen.

    It s a very niche area of law though


  • #3
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,581 Mod ✭✭✭✭Robbo


    randomrb wrote: »
    In regards to number 1 there is a very interesting case exactly along those lines. It all depends on how foreseeable the accident was. If you leave your keys in your car with the door open in a dodgy area you may be liable for some of the damage done if its stolen.

    It s a very niche area of law though
    Breslin v Corcoran [2003] 2 IR 203


  • #4
    Mjolnir
    Registered Users, Registered Users 2 Posts: 985 ✭✭✭Mjolnir


    Robbo wrote: »
    Breslin v Corcoran [2003] 2 IR 203

    Exactly the case you're looking for op, you couldn't make it up either


  • #5
    ezra_
    Registered Users, Registered Users 2 Posts: 1,363 ✭✭✭ezra_


    Thanks guys.

    Would there by any case law on the thermostat example? Or would it be too small to make it to court.


  • #6
    Mjolnir
    Registered Users, Registered Users 2 Posts: 985 ✭✭✭Mjolnir


    ezra_ wrote: »
    Thanks guys.

    Would there by any case law on the thermostat example? Or would it be too small to make it to court.

    Not a specific one I'm aware of, a lot variables at play there, without specifics be hard to define an outcome.


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  • #7
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,581 Mod ✭✭✭✭Robbo


    ezra_ wrote: »
    Thanks guys.

    Would there by any case law on the thermostat example? Or would it be too small to make it to court.
    Remember the modifications to the general principles of negligence that the 1991 Act makes.


  • #8
    Victor
    Registered Users, Registered Users 2 Posts: 78,574 ✭✭✭✭Victor


    Robbo wrote: »
    Breslin v Corcoran [2003] 2 IR 203

    https://www.cram.com/flashcards/torts-negligence-causation-2506754
    Man leaves car unlocked on busy street - car is stolen. Pedestrian is run over. Sues owner for negligence. Claim fails. It was foreseeable that his car would be stolen, but not foreseeable that it would be driven negligently. Novus actus interveniens - breaks the chain of causation.
    Car thieves now known for their careful driving.

    It would be an interesting case if the owner was an uninsured mark.


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