Posted by jdemaris on April 09, 2010 at 14:50:14 from (72.171.0.138):
In Reply to: Re: OT,NY hitch law posted by Bret4207 on April 09, 2010 at 13:48:50:
I said it could be applied. I did not say anybody would prevail in a court-of-law with it. Personally, I think the council woman is an whining idiot that took this to court.
Any word used in a legal document that is not defined within that same document - is open to interpretation and a layman's meaning.
So, with "negligence" - if not defined, it can be taken as meaning as described in any American English dictionary under many circumstances.
Our legal system is far from an exact science, and even when it IS well written - a Judge can find otherwise.
Also note that the word "vehicle" is used, NOT "motor vehicle." The state of New York DOES define "vehicle." There is a big difference in New York. A "motor vehicle" is only legally so when operated on a public highway (with a few exceptions). A "vehicle" only has to be capable of public highway use but is still a vehicle when parked on private land.
A parked car in a parking lot is legally a vehicle. When you add "use" and "negligence" the common dictionary gets applied since neither are defined in NY Consolidated Laws.
Owning a car and leaving it in a parking lot - ready to take you somewhere when needed is a "use." Negligence by having a hitch sticking out where someone might walk into it is a stretch in my mind. But not in everybody's. Obviously the angry concinwoman in Brooklyn things otherwise.
To play devil's advocate - if someone left a 20 foot sharp metal spike sticking out the back of their car and someone walked into it and got speared - would you call it "negligence" then? If not, how about it sticking out 50 feet? Sounds rediculous, but . . . seems at some point your argument stops working.
I assume that's why current case law shows many court decisions that seem to NOT go along with the laws as written.
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