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Torts

Washington Law Review

1971

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Torts—Automobiles—Host-Guest Statute—Nondriving Owners Denied The Protection Of The Host-Guest Statute—Hansel V. Ford Motor Co., 3 Wn. App. 151, 473 P.2d 219 (1970), Anon Oct 1971

Torts—Automobiles—Host-Guest Statute—Nondriving Owners Denied The Protection Of The Host-Guest Statute—Hansel V. Ford Motor Co., 3 Wn. App. 151, 473 P.2d 219 (1970), Anon

Washington Law Review

As defendant Moss's daughter was driving downhill in an automobile owned by Moss for use in the family's construction business, the brakes failed suddenly and the car ran into a telephone pole. Plaintiffs, riding as guests of the daughter, sustained severe injuries. The resulting suit was brought against Ford Motor Company (the manufacturer of the automobile), Moss's mechanic (who had relined the brakes several weeks prior to the accident), and Moss. Moss denied negligence and asserted the Washington Guest Statute as a further bar to liability. At the conclusion of plaintiffs' case the defendants moved for dismissal on the grounds …


Negligence And Liability Without Fault In Tort Law, Cornelius J. Peck Jan 1971

Negligence And Liability Without Fault In Tort Law, Cornelius J. Peck

Washington Law Review

Though negligence is emphasized as a basis for determining liability in tort law, Professor Peck points out that liability without fault has always played a major role in that area and, in fact, underlies most torts which are recognized today. After examining these types of torts and distilling some general principles governing the application of liability without fault, he concludes that these principles are also applicable to automobile accident litigation, thus predicting the demise of negligence as a principle of liability in that field.