Originally Posted by sandbagger
I suspect that a judge would hold you liable. What is "right" and what is legal are often not the same thing.
A friend of mine once offered to drive another person (WAS a friend at the time) home from a restaurant since that person was on a bike and it was late. They both walked into a parking garage with the bike, they both put the bike on the roof (I think you see where this is going) and they drove out of the garage with my friend driving. WHAM! Other person goes ballistic, demands my friend pay for the bike, while my friend was willing to share in the cost (generous, IMO). Person took my friend to small claims court and won. She may have been legally in the right, but she sure wasn't right.
I suspect you would find the same result in court, but I agree that in the real world, it shouldn't have been your responsibility.
I don't think those are comparable situations at all. I don't disagree that some idiot bashing a bike into a parking garage owes whoever owns the bike.
In Mania's situation, it would be pretty easy to invoke a good samaritan defense, you were doing your best to help out someone who could not, or would not, help themself.
As far as legal goes, it's ridiculous to consider that our standard, and the real world truly exists outside of courts, where 99.9% of issues are dealt with. What's right, isn't always legal, and just because it's legal doesn't mean you should do it. And court cases conflict with each other all the time. Our standard should be what is right, and once someone asks someone else to run their gear they've got to just suck it up.
Mania was helping someone out, and therefore unless he did something reckless I would not expect him to pay.
Back to legalese, remember, the owner of a car is liable for all damage it causes, regardless of who is driving it.
As he said, if he had asked to borrow it, this would be completely different.
PS, loving the planet of the apes avatar!