who is liable?

Question

Two underage boys. One sitting on the hood of a moving car. The other boy had a football. Threw it to the boy on the car. Driver turned towards the football and it hit the windshield, cracking it. Is the boy who threw it liable.

Answer 1

sounds like it to me,

Answer 2

They are all liable, because they are all stupid. First of all a person shouldn't be riding on the hood of a car, therefore the driver, and the boy riding are both liable for their own actions. Secondly the one throwing the ball is liable because he should know better than to throw a ball at a moving car. In this case it is taken that this whole thing was pre-meditated, meaning the object of the game was to have the driver steer the car and thus the boy riding the hood to be able to catch a ball another guy was throwing. They are all equally responsible for their stupidity, because they all decided this would be a fun thing to try.

Answer 3

In the hypothetical, yes.

The boy who threw had the specific intent to throw the football, and threw it in the direction of the car. The football hit the car. Classic example of transferred intent battery.

In the real world, the driver's actions might be a contributing factor, but it would generally have to be shown that 'but for' the driver's actions, the football would have missed the car. And that would only make a difference in comparative fault states that apply contributory liability principles and the last clear chance doctrine to intentional torts.

In the real world, you should ask these question to a licensed attorney. The above answer applies only in the hypothetical.

Answer 4

They are all liable.

The boy driving the car was committing a crime, and as such hold a liablity to the resulting damage.

The boy riding on the hood was also committing a crime and holds liablity for the resulting damage.

The boy that threw the ball, was not doing intention of damage.

The resulting damage was caused by a stunt agreed to by all three, and any damage resulting for that agreement holds a joint liablity.

Answer 5

50/50

Answer 6

who's the idiot that let the kid sit on the car in the first place? he is responsible for the whole thing--- no kid on car no football thrown.

Answer 7

coragryph nailed it.

i've got to wonder, though, where were the (obviously incompetent) parents when these bozos were out hotdogging?

Answer 8

pay for your own windshield and don't go through the insurance company.. you should be arrested for duis.........driving while under the influence of stupidity!!!!!!!!!!!!!!!!!!!!!!!!