I need some SERIOUS help...(prefferably answered by a lawer or a lawyer-to-be!)?

Question

I am in varsity band at my high school. My instrument has been missing for the past two days and I can't find it ANYWHERE. This has happened once before and thanks to a stroke of luck I had I found my instrument. Since it has been missing for the past two days, and a friend suggested it, I was wondering....

a) can I sue the school or school district because it went missing while I was storing it in a band locker under school care, and

b) if so, what course of action should I take?

Might I add that someone had HID my instrument. And anyone who would do that a second time would be a total jerk. If I found out who it was, could I sue them?

If I gave you a good rating, you WILL be considered for best answer.

Answer 1

You could possibly sue, but you probably wouldn't win. I do suggest that if you feel the instrument was stolen, then file a police report. Because this has happened to you before, it suggests that another student is messing with your things, and the other student can be prosecuted for theft and/or sued for trespass and possibly conversion. However, suing another student is probably pointless because the student would never be able to pay the judgment. But, theft should not be tolerated by the administration at your school. Speak with a school counselor about this. If you feel they are trying to sweep it under the rug, talk to them again AFTER filing a police report. If again the school is not willing to do anything, then perhaps talk to the local newspaper. After all, this is a school and so the public does have a valuable interest in what is going on.

Answer 2

..... no you CANT sue the school district because you were carelesss and absent-minded and misplaced your instrument, and its lost or someone took it.
You can however, go out and buy a new one. (and yes, i know they're expensive, which is why you should take better care of it.)
.... the fact that it was stored on school property is an issue, but its technically not their fault.... if it belongs to you, you are responsible for it. and if you had an issue with your instrument being lost/misplaced/stolen before, why would you be stupid and leave it a SECOND TIME in the same place it was taken from the FIRST TIME? you're liable for it, not the school district.

you may find a sleezy lawyer who would take up that kind of case and perhaps argue that out... but sadly my friend, any judge with a brain wouldnt side in your favour.

and just out of curiousity...... after TWO days you want to sue? what kind of friends do you have that are giving you that advice..... and after only TWO days of it being M.I.A. !!!

Answer 3

You (and/or your parents) need to check with your homeowner's insurance policy. They may cover at least part of the instrument, and then it is up to them whether to pursue a claim against the school.

That being said, there may or may not be a contract between you and the school, and its even questionable whether the school breached its duty (if any). You probably can consult with an attorney in your state, as the laws and precedents of your state will control here. For a referral to an attorney, contact your local or state bar association.