Question

Patrick borrowed his friend John’s car to impress a young lady he was dating. It was a new luxury car that John had saved four years to purchase. The paint on the car turned colors under various climatic and light conditions. While on the date, Patrick drove the car down a public road that had just been repaved with hot oil and gravel. The result was streaks of hot oil glued to the sides of the car and several nicks in the paint from flying rocks. Patrick then parked in front of his favorite restaurant, a sports pub on the far side of town. While in the restaurant, Patrick heard a special weather report that a thunderstorm with large hail was sweeping across the area and would arrive over the restaurant in ten minutes. Unfortunately for John’s car, the date was going too well to break off and move the car under cover. Consequently, the hail left a multitude of pock marks on the top of the car. Is Patrick legally responsible for the damage done by the gravel, oil, and hail? Why or why not?

Answer 1

Answer:

Yes and no.

Patrick would be liable for negligence in allowing the hail damage, as he failed to fulfill his duty of taking reasonable care of the vehicle.

However, he would not be responsible for the hot oil and gravel nicks.