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Legal Question: Legal Responsibility

Resources - Aviation Law

The car that an au pair was given by the host family was broken into while legally parked. Who is legally responsible for the damage, the host family or au pair?

We may need a little more facts here, but if the vehicle was damaged due to someone else’s criminal behavior, the nanny (or au pair as you call her) is most likely not liable. When you borrow a car, you have to return it in the condition it was in when you received it. The law of negligence applies. The user has a duty to maintain the car in its current condition. If they breach their duty of car, they can be liable for the damages, but their breach has to be the root cause of the damages to the car.

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