Q: My moms roommate always leaves her car keys in the living room where my son plays, she didn’t leave it in park, accident
My moms roommate is always leaving her car keys in the living room where my son plays, my moms has told her 3 times to keep her keys in her room and not in the reach of my son since he is only 2 and a half years old and thinks they are toy keys since they light up. On Sunday she left the keys again in the living room and my son grabbed them and he pushed the button on the key which started the ladies car which is a manual and she left it in first gear and no parking brake. The car started and since it was left on first gear the car sped up and hit the neighbors 2 cars and denying them both causing 5k in damage. My mom told the lady she has told her multiple times not to leave the keys and why she leave her car in 1st gear and no hand brake. Who’s at fault in this situation?
A North Carolina attorney could answer best, but your question remains open for five weeks. It's a messy situation. As a GENERAL matter, both sides could raise arguments. On one hand, it could be argued that such keys should not be left within the reach of a child and that the parking brake issue should be tended to - and on the other hand, it could be argued that a two year should be closely supervised as to their activities. A local attorney could answer more meaningfully in terms of any state-specific law that would apply. Good luck
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