Fireman's Fund American Insurance Companies v. Olin of New York, Inc.

Car owners in the State are responsible for injuries caused by the "use or operation” of their cars. (Vehicle and Traffic Law, § 388.) However, that phrase, "use or operation”, is not always easy to apply in a particular case. The social desirability of affording fiscal assurances for the benefit of victims has led to expanded meanings of statutes imposing owner’s liability.

The narrow question presented here is whether the act of entering a car is part of its "use or operation”. It is whether the car owner is liable for injuries sustained when a passenger’s hand is caught in a closing car…