In one open house tour, my 2 years old son accidentally touched one statue they put right at the door entry and it smashed into pieces. The seller agent called me to ask for $500
damage.
My question is in the open house tour, if there is any damage caused by the tourists, do the tourists need to pay the damage? My friend told me that they should have some sort of insurance for the open house and I should not be liable to pay the damage. What
the appropriate way to resolve this?
2006-09-19 05:32:07 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You are responsible for the damages.
$500 is less then most homeowner's deductables. The vase may be worth considerably more, and they are only asking you to pay for the deductable? who knows.
I'd ask for proof that the vase in question is indeed worth $500 and do what is morally right....pay for the damages your son caused.
2006-09-19 06:13:16 · answer #1 · answered by Manny 6 · 0⤊ 0⤋
...There's also the circumstance that you may have paid to go on this tour of homes? In which case, you've already paid for the insurance that covers the accidental damage caused by your son. I'm also assuming that he wasn't doing anything unreasonable that couldn't have been expected of a person going on a tour of homes. Like the statue was in a closed glass case or roped off from direct public contact. If not, then the commercial liability will probably fall to the person selling / displaying the home, not you. They most likely entered into a contract with the agency conducting the tour. They have not provided a safe environment.
Who would be liable if your son were to have slipped and fell and hurt himself badly on the statue? Same agency. Now, make a few phone calls and try to find out how to get that agency to pay for the trauma caused to your son when a statue was accidentally smashed near him during this tour. Then direct this same agency to pay for the statue.
In the other vein; maybe they're already doing that. Consider this: if it (the statue) was insured and the value was very high...let's say $25,000.00 USD, would you consider yourself lucky to get off only paying the insurance deductable? You were responsible (as you are responsible for *everything* a child in your care does) as the adult for anything that you and yours does though. Wouldn't it would be very reasonable of them to attempt to recover the remaining fees from you? I'm sure they're considering writing it off though. Try to get them to keep considering that.
2006-09-19 06:10:54 · answer #2 · answered by GreatGasMileage 4 · 0⤊ 0⤋
You're kind of missing the point here... If you walked into a store and allowed your 2 year old to damage a statue there, you'd be expected to pay for it... same holds true anywhere else...
I've had three boys and I know sometimes you cannot fully control them and they'll end up breaking something but paying for damage they cause is part of having kids... don't try to make someone else pay for something you caused...
But if they have insurance, you should only have to pay the deductible....
2006-09-19 05:41:26 · answer #3 · answered by Andy FF1,2,CrTr,4,5,6,7,8,9,10 5 · 3⤊ 0⤋
The best way to resolve this would be to pay.
The facts you describe suggest that your liability is clear - you didn't control your child, your child damaged the property. While you could argue that they are somewhat responsible as well (by placing the vase in an unsafe manner, etc.), the time and money you would spend defending yourself is likely more then the cost of settlement.
2006-09-19 11:47:40 · answer #4 · answered by Lieberman 4 · 0⤊ 0⤋
Well they should have some sort of coverage home owners or something temp...
I would call a lawyer those realistate guys don't mess around if they can get a dime from nothing they will do everything in there power to get even more!
I'm not saying sue them but i would get legal advice!
...
but sometimes we don't have money for that!
so i would call the seller agent and tell them to file a claim against his homeonwers insureance... and if he didn't have home owners for this oopos did you stub your toe???
then i would get a lawyer and sue!
2006-09-19 05:45:50 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Well if they have insurance the insurance company could come after you also to get their money back. I would contact a lawyer see what they say about laws in your state.
2006-09-19 05:36:14 · answer #6 · answered by wowwhatwasthat 4 · 0⤊ 0⤋
Protect yourself, say nothing to them and contact a lawyer to consult with you.
I know this answer sounds like it is blowing the situation way out of proportion, but, unfortunately we live in a very litigious society and there are a lot of people that look for the easy way out.
2006-09-19 05:42:25 · answer #7 · answered by Mr. Versatile 4 · 1⤊ 1⤋
I also wouldn't pay... They shouldn't open house without the risk.... No pay for an open door.
2006-09-19 05:36:14 · answer #8 · answered by basskickintime 2 · 0⤊ 2⤋
I AGREE WITH EVERYONE ELSE. DON'T PAY. THEY SHOULD HAVE INSURANCE
2006-09-19 05:40:00 · answer #9 · answered by FRECKLES 6 · 0⤊ 3⤋
i wouldnt pay it.
2006-09-19 05:34:27 · answer #10 · answered by Anonymous · 0⤊ 2⤋