Recently, one of my friends left my other friend the keys to his house, while he left on vacation. They're both minors and his mother did not know that he did this. My friend had people over at the house, one of which was me. Somehow,(although we did not use it) the computer broke. When my friend's mother found out, she threatened to sue my friend (not her own son), me and anyone else who was at that house. Can my friend or I be sued? If so, for how much $ and why?
2007-01-22 08:32:40 · 7 answers · asked by Jaeer A 1 in Politics & Government ➔ Law & Ethics
You can sue almost anybody, the question is, is it really practical to do so.
When somebody sues you they have do two things prove you did it. This does not mean "beyond a shadow of a doubt" but they do have to have very compeling reasons that you did it.
The second thing is that they have to show damages.
You didn't tell me what caused to computer to break. If it was dropped on the floor and smashed, that's pretty obvious that it could have been broken because of the party. If it's not obvious why the computer doesn't work then the mother will need to show why she thinks it broke the party and that it's not some coincidence. If it's something like a burned out power supply or a fried mother board you can always argue that it was going to happen and the party wasn't why it happened.
The next is damages, usually that would be the cost to get the item repaired. With computers it's usually cheaper to buy new. The judge wouldn't award the full amount for the new computer. The old one had been used so the value would need to be depreciated. Best case life on a computer is 4-5 year so he would knock the damages down by that. Next the judge would need to find you guilty either totally or partially. If it could be proved that it was damaged at the party in theory the judget could spread the damages over all of you who are there. The amount each would owe would be very small and it would be up to the mother to collect it.
It won't be worth her time to sue. Most likely after she thinks about it a little bit, she'll take it out of her son's hide and banish you from the house for like.
2007-01-22 09:01:27 · answer #1 · answered by Ooh, Ooh pick me 5 · 0⤊ 0⤋
You can be sued for anything. Whether she'd win anything is another story. First, she'd have to prove you were the one who broke the computer if she's trying to sue for the damaged computer. Fat chance of that happening. If she's suing cuz you guys were in the house, it's a tough thing to do b/c her son gave your friend the keys.
It's more a threat than anything else. People in the US are sue happy. Their first response to anything is "I'll sue!" Reality is typically quite different.
She'd have a real tough time finding a lawyer to take this case unless she shelled out money up front. Once she finds that out, suing becomes a less desirable option since she's not going to be able to get much from a bunch of kids.
2007-01-22 08:41:21 · answer #2 · answered by Linkin 7 · 0⤊ 0⤋
You as a minor cannot be sued. However, your parents are responsible for you and can be sued.
I suggest you have your parents speak to the mother and find out how she determined that you were responsible for the computer being broke. If she has not proof, then you might not be liable.
Assuming you are liable for the computer, it would the market value of the computer before it was broken, not the cost to replace the computer. So if it was an old computer only worth $200 but they paid $1,000 for it originally, they only get $200
2007-01-22 11:31:46 · answer #3 · answered by Peter 3 · 0⤊ 0⤋
Technically she can sue who ever she wants. But, seriously, she would have to pay more to retain an attorney than what the computer would be worth.
It sounds like she is just angry and spouting off. Our society is so eager to "sue" anyone and everyone these days, and she thinks she might try following the trend.
No attorney worth his/her salt would take the case.
Her son is responsible, and should make reparations (he should replace the computer - or "work off" the debt). If you are honest about not using the computer, then you are not responsible anyway.
2007-01-22 08:44:27 · answer #4 · answered by artistagent116 7 · 0⤊ 0⤋
One can sue a lamp post. Winning, however, is another matter.
2007-01-22 08:41:07 · answer #5 · answered by Anonymous · 1⤊ 0⤋
if you can prove it to be an accident, I don't think so. I doubt they will go so much trouble suing for such little thing.
2007-01-22 08:42:25 · answer #6 · answered by hurt 3 · 0⤊ 0⤋
She needs evidence's and proof. Does she have any?
Does she have a witness? I don't think so. She was just blowing off steam
2007-01-22 08:42:45 · answer #7 · answered by Mr. love 3 · 0⤊ 0⤋