Identification of persons responsible for the harm caused by a source of increased danger
The study of procedural documents has shown that in judicial practice there are still errors in determining those responsible for harm caused by a source of increased danger. One of the frequent issues in law enforcement is the identification of the entity that owns the source of increased danger. The right of ownership of a vehicle may belong not only to the owner, but also to the person to whom the owner has transferred ownership. At the same time, the ownership of the latter differs significantly from the ownership of the owner, is of a production, dependent nature, is temporary, is transferred for a certain period of time and can be revoked at any time.
There are two types of vehicle ownership:
- legitimate, i.e. having a legal basis for one or another;
- illegal, i.e. without a legal basis.
The legal basis for legal ownership may be a lease agreement, an order for the transfer of a vehicle, a power of attorney for the right to drive a vehicle, etc. Therefore, the owner who issued the power of attorney for driving a vehicle is excluded from the list of subjects of responsibility and the person who operates it by proxy is recognized.
Despite the apparent clarity, in practice, lawsuits continue to be filed in court against both the owner of the car and the person driving the vehicle by proxy, demanding damages from them in solidarity.
It seems that there is a difference in the concepts of transfer of ownership of a vehicle and transfer of technical control of a vehicle without legal registration. In one case, the owner of the car remained in it (being in the car as a passenger) and thus continues to be its owner. In such cases, when harm is caused by this source of increased danger, the joint responsibility of the person driving the vehicle and the owner of the car comes. In case of an accident, the person to whom the technical control of the car was transferred is jointly and severally liable with the owner of the car in a joint manner.
Another case is when the source of increased danger is transferred to the person who manages it without legal registration in the absence of the owner.
To date, the established practice and the opinion of judges are different. Some believe that in the event of harm caused by this source, both the owner and the person driving the vehicle are jointly and severally liable, regardless of fault. Others believe that the responsibility for causing harm should be fully attributed only to the titular owner of the vehicle.
A special question arises with respect to subjects of responsibility when the owner of a vehicle is deprived of it against his will. It is assumed that it should be assumed that the person who unlawfully, against the will of the rightful owner, seized the vehicle, the so-called hijacker, in all cases is responsible for the damage caused by the source of increased danger.
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