In actual fact both drivers are considered to have responsibility and the civil case
will probably be fought over "how much".
Similarly with networks used as DDoS hosts, the cracker will still have primary
responsibility, but the network operator may be found negligent as well because of not
implementing Best Current Practice. This is where things like BCP0038 get sticky.
Historically, if and operator of a device or service was "professional", they would
know about Best Current Practices and ignorance would not be an excuse. Case law is
slim in the Internet, which is why I am waiting for the first case to go to court. But
certainly other kinds of businesses have had similar rulings.
-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of
[EMAIL PROTECTED]
Sent: Monday, June 11, 2001 18:41
To: [EMAIL PROTECTED]
Subject: Re: 3rd party liability Was RE: This is a must read document
In most jurisdictions, the first principle is that all drivers have
a responsibility to avoid collisions, and there is an explicit
presumption that the overtaking driver has the better view of the
situation, and thus the primary responsibility. EVEN if I fail to
signal, you will have to convince the court that you had no
opportunity to avoid the collision before significant liability will
be passed to anyone else.
A better analogy might be where a customer slips on the spilled
milk in aisle 7 and breaks a leg. It may have been some other
customer who spilled the milk, and none of the store staff *pushed*
the customer who fell, but the business may be found negligent in
allowing the hazard to persist on property under its control.
David Gillett
On 11 Jun 2001, at 13:03, [EMAIL PROTECTED] wrote:
> No. This is closer to saying that you changed lanes on the freeway
> without signalling when I hit you from behind. You were negligent in
> following a rule of the road so you are liable for some of the
> damage. You didn't hit me but you are still responsible for the
> accident.
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