My son borrowed a laptop and when he opened it, it had 3 cd's sitting between the screen and keyboard. He removed them, used it and returned them to where they were before returning the laptop. His friend claims that the screen was damaged and is trying to say my son is responsible for replacing the laptop for $1,000. Who's liable?
2006-08-03 05:48:12 · 5 answers · asked by Jonna 1 in Politics & Government ➔ Law & Ethics
Of course another group of nonlawyers trying to play one on TV. Your son is liable only if he is NEGLIGENT or he had a CONTRACT (oral or written) regarding damage to the computer. Children cannont be found negligent at all depending on age and state (In Illinois, a child under 7 cannot be found negligent, but it is different in other states) They would have to take you to court and prove that your child 1) damaged the property, 2) didn't act reasonably when he damaged the property and they would have to prove that his actions caused the damage, then they would have to prove the amount of actual damage. In your case, it seems like the child may not have damged the property. The other angle is that if they had a contract (written or oral) about who would repair/replace the property if it was damaged. Your child CANNOT be bound by a contract until he is 18. Your child would be liable if a judge found him to be lying about how the computer was damaged, but it would be the plaintiff's burden of proof regarding the discs not being there when the laptop was opened. Also, if you are not complete white trash, you have something called HOMEOWNER'S insurance. You could tell the people your company and policy number and this loss could very well be covered. Your company will more than likely DENY their claim if your son denies damaging the computer.
2006-08-03 07:44:51 · answer #1 · answered by Anonymous · 1⤊ 0⤋
was the screen damaged because of the cd's ? I wouldn't think you would be liable because the cds were already there . Also if justt he screen is damaged it wouldn't even be close to $1000 , you can get used replacements on ebay for close to nothing . I would ask them if they would accept a replacement screen just to be a good person , if they reject the offer then they are just trying to get a new laptop
regardless the bottom line is the screen is very cheap to replace
2006-08-03 13:12:05 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If the damage occured while the laptop was in your son's possesion, then he would be the one at fault. However, the cd's being inside the laptop prior to his borrowing the laptop could be used at extenuating circumstances. I would explain this to the other child's parents, and if they decide to take you to court, then the judge will decide. But you need to be able to prove that the cd's were kept there prior to borrowing the computer.
2006-08-03 13:50:58 · answer #3 · answered by Mary J 4 · 0⤊ 0⤋
Good question. The damage to the screen could have occurred before he used the computer, and the person who originally put them there was responsible.
Take the issue to small claims court and see who the judge thinks is at fault.
2006-08-03 13:05:35 · answer #4 · answered by Diane D 5 · 0⤊ 0⤋
Sorry to say, but if it was working for your kid, and it wasn't working when he took it back then he is legally liable for the damages. He was in posession of it, when he gave it back, it was broke.
I'm not being an a$$ I'm just telling you.. your son is liable.
2006-08-03 12:51:57 · answer #5 · answered by Imani 5 · 0⤊ 0⤋