[aklug] Re: Open Wifi Networks

From: Tim Gibney <timgibney76@gmail.com>
Date: Tue May 10 2011 - 18:05:50 AKDT

I believe the courts will hold you liable as intentionally leaving it
unencrypted is gross negligence on your part and it is foreseeable. Ford on
the other hand has no duty of care other than make sure the car is safe when
you purchase it. I am no lawyer but I believe courts cleared the way for
lawyers to go after you because, they look for a duty of care, foreseeable
harm, and negligence. Losing your keys will not get you to think about the
children but leaving it unencrypted is deliberate with the knowledge that it
could be used for other purposes.
PS the fact that you posted it here to ask shows that is was foreseeable and
on your mind. Bad from a liability point of view as I would drool if I were
a lawyer.

On Thu, May 5, 2011 at 5:39 PM, Jim Gribbin <jimgribbin@gmail.com> wrote:

> Here you go:
>
> http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=3110&context=wmlr
>
> The attractive nuisance issue was also why the state wanted to get rid
> of that "McCandles Bus"
>
> We also seem to have lawyers (ambulance chasers) that advertise for
> attractive nuisance work:
>
> http://injurylawyers.legalmatch.com/AK/Anchorage/attractive-nuisance.html
>
> When I put "attractive nuisance alaska" as my Google search terms, I got
> 395,000 hits in 0.22 sec.
>
> Jim G
>
> On Thu, 2011-05-05 at 06:10 -0800, barsalou wrote:
> > Quoting Jim Gribbin <jimgribbin@gmail.com>:
> >
> > > They call it an Attractive Nuisance. It's like when you leave your keys
> > > in the car in your driveway and some neighbor kid drives off with it
> and
> > > runs someone down. You end up being charged w/ Manslaughter & Reckless
> > > Endangerment for having an Attractive Nuisance.
> > >
> > > You're the one who bought it, you're responsible for securing it.
> >
> > I would think Attractive Nuisance would only play a role if you put a
> > sign on your car saying, "Hey there are keys in this car!".
> >
> > Because otherwise, the person would have been considered a thief, and
> > the injury would have resulted from that bad act.
> >
> > Do you have any specific examples where this has played out in Alaska?
> >
> > I'm no lawyer, so I could be all wet here, but this is an interesting
> > conversation.
> >
> > Mike B.
> >
> >
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Received on Tue May 10 18:05:58 2011

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