A valet parking attendant at a restaurant negligently left the keys of a car in the ignition when she parked it on a side street some distance from the restaurant, which was located in a high crime area. While dining, the car's owner received a text message from the security company that operated his car's anti-theft system that his key was in his ignition for over 30 minutes without the car running. The owner started to get up to check with the valet service but then his meal arrived and he promptly forgot about the car. About 20 minutes later, a teen saw the key in the ignition of the unlocked car and drove off with the car. By the time it was discovered that the car had been stolen, the car had been wrecked and the teen had fled. The owner sued the parking company that employed the attendant for the loss of his car.

Required:
Is the owner likely to recover?

Question

05-07-2021
Law

Answered

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A valet parking attendant at a restaurant negligently left the keys of a car in the ignition when she parked it on a side street some distance from the restaurant, which was located in a high crime area. While dining, the car's owner received a text message from the security company that operated his car's anti-theft system that his key was in his ignition for over 30 minutes without the car running. The owner started to get up to check with the valet service but then his meal arrived and he promptly forgot about the car. About 20 minutes later, a teen saw the key in the ignition of the unlocked car and drove off with the car. By the time it was discovered that the car had been stolen, the car had been wrecked and the teen had fled. The owner sued the parking company that employed the attendant for the loss of his car.

Required:
Is the owner likely to recover?

Sagot :

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Ogorwyneidn Ogorwyneidn · Answer 1 · 2021-07-05T14:56:53-04:00

Answer:

Yes, because but for the negligence of the parking attendant, the opportunity for the theft could not have occurred

Explanation:

The valet was negligent for leaving the key in the ignition after the car owner left the car in her hands. First of all the restaurant had a policy where they are responsible for the cars of their customers. At the point where the car owner handed the keys to the valet, it has become the responsibility of the valet to keep the vehicle safe. Given the rate of crime in the area, parking the car across the street and still leaving the key on was a very risky and negligent behavior. If the owner sues, she would recover.

Sagot :

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