Imagine this scenario:
You have a regular arrangement with your next door neighbour's 17 yr old son (who has a provisional licence and is almost ready to take his test) whereby he washes your Ferrari every Sunday morning in exchange for pocket money. As you normally garage this prized possession and you like to sleep late at weekends, you give him keys to your car and garage, so that he can move it on and off the drive (which is part of your own private property) to wash it.
This arrangement works perfectly well until one weekend when you are away from home, your normally-trustworthy neighbour's son uses the keys to go into your garage without your consent, and takes his mates for a joyride in your Ferrari. In the course of this he ploughs into a bus queue full of people, killing himself and the other occupants of the car, and severely disables a number of innocent bystanders, some of whom will now need 24hr care for the remainder of their lives.
Obviously I'd expect the insurers would resist paying out on the car, but could the owner also be held liable for all the other third party costs arising from this accident?
You have a regular arrangement with your next door neighbour's 17 yr old son (who has a provisional licence and is almost ready to take his test) whereby he washes your Ferrari every Sunday morning in exchange for pocket money. As you normally garage this prized possession and you like to sleep late at weekends, you give him keys to your car and garage, so that he can move it on and off the drive (which is part of your own private property) to wash it.
This arrangement works perfectly well until one weekend when you are away from home, your normally-trustworthy neighbour's son uses the keys to go into your garage without your consent, and takes his mates for a joyride in your Ferrari. In the course of this he ploughs into a bus queue full of people, killing himself and the other occupants of the car, and severely disables a number of innocent bystanders, some of whom will now need 24hr care for the remainder of their lives.
Obviously I'd expect the insurers would resist paying out on the car, but could the owner also be held liable for all the other third party costs arising from this accident?