I through a big party at my house and we have an inground pool! It was a pool party! Well everyone got drunk, people started pushing everyone in! Well this dumbass had his phone in his pocket "700 dollars" he said! Well he had his clothes on and try to push one of my friends in sooo.. my sister pushed him in! She's drunk and doesn't relize he had his phone on him! And now he's threating saying i'm going to take you to court! I'm going to give you a letter saying what you owe and if you don't i'm taking you to court!! I kinda laughed!! Cuz' no ones going to waste there time on something like that! So can he really take her to court for that?? if it did go to court does he have a chance of winning?
2007-07-07 12:18:51 · 18 answers · asked by heathercgillette 2 in Politics & Government ➔ Law & Ethics
Yes they can take your sister to court. It does not matter that she didn't know her actions would ruin the phone. If she pushed him in the pool and that action, by her, caused the phone to be ruined she is liable for the cost of the phone (not the price paid but the value of the phone at the time).
This is like when you hit someone's car with yours...you didn't mean to damage their car but you did...so you are liable.
She will be better off making a deal with him outside of court.
2007-07-07 12:23:08 · answer #1 · answered by sfavorite711 4 · 1⤊ 2⤋
In the US he CAN take you to court for anything. As for winning, that is a separate question. If you can show he was participating in shoving people in the pool, the judge will probably find he should have expected to be shoved in himself. In that case, your sister would not be liable. If is was just a phone, not a full PDA, I doubt it was worth $700 new. My guess is that he is bluffing, but people sue for stupid things these days.
Sway_27: Small claims court costs around $50. If he thinks he can get $700, that is well worth it.
Erin: No attorney required in small claims court. The may not even be allowed in some small claims courts.
Edit: if the phone is really worth $700, why didn't he by insurance? It runs under $5 a month and pays all but
$50 of the cost to replace the phone.
2007-07-07 12:28:45 · answer #2 · answered by STEVEN F 7 · 2⤊ 0⤋
Yes he can sue her in court. He will have to have proof that he paid $700 for the phone. If you have to go to court take witnesses to say he was also participating in pushing people in the pool. I don't know any smart person who would go to a POOL party with a cell phone. I wouldn't worry about it until you got a summons from the courthouse. Then be sure and make him look like an idiot for being there because I'm sure he was drinking too.
2007-07-07 12:44:44 · answer #3 · answered by Anonymous · 2⤊ 0⤋
He can file a claim in small claims court as this is a civil matter, a disagreement between citizens. However, if you have accurately described the circumstances, then I would think he doesn't stand a chance. He did not have to participate in the shoving and by entering into that activity waived any right to special consideration. Besides, if he were so concerned about his phone at a pool party he should have taken it out and put it someplace safe. I would advise you and your sister to tell him to do what he will and he will probably do nothing.
2007-07-07 12:42:28 · answer #4 · answered by Anonymous · 1⤊ 2⤋
Yup! Anyone can sue anyone in court - except the govt, unless they agree - Hell, an idiot of a judge just sued a dry cleaner for $54,000,000 for losing his favorite trousers!! PS, a more intelligent judge dismissed the case & now the idiot judge is askeing the court for reconsideration!! We sure need a loser pays law & much further tort law revision in these wonderful United States.
2007-07-07 12:29:28 · answer #5 · answered by Anonymous · 2⤊ 0⤋
Yes. He can sue.
However, assuming you are leaving nothing out he is unlikely to win. He started horsing around by the pool trying to get someone in. It's natural that A) that person would resist or B) people would join in the roughousing. Either opens the possibility of his phone getting trashed.
He started it. It's his fault. Someone just finished it in a way he didn't anticipate. But he should have.
2007-07-07 12:40:51 · answer #6 · answered by Atavacron 5 · 2⤊ 2⤋
Yes. Your sister should do the honorable thing and replace his phone. That will avoid the legal issue.
Being drunk is no defense for reckless behavior. If this person had pushed someone else into the pool and destroyed personal property he would be liable as well. In this case it was your sister who damaged property. She is liable.
2007-07-07 12:27:11 · answer #7 · answered by vegaswoman 6 · 1⤊ 3⤋
Yes he can take her to court and he should. He has a good chance of winning. Your sister can not claim "it was self defense" because he was trying to push one of your friends and not your sister in the pool. It would only be self defense IF he tried to push your sister in.
2007-07-07 12:39:31 · answer #8 · answered by Anonymous · 1⤊ 3⤋
Yes. I guess you never heard of Small Claims Court? Yes he has a chance of winning.
2007-07-07 12:24:07 · answer #9 · answered by Anonymous · 3⤊ 1⤋
he does actually, because under the circumstances you sister threw him in a pool and his phone broke, teens are crazy, lol, but you sis could get a counterclaim and sue him back, for at most pain and suffering, but your gonna have to prove everything, who knows he might not even sue, but the buttcheck should have been drinking and pushing people in good luck :)
2007-07-07 12:30:38 · answer #10 · answered by Anonymous · 1⤊ 1⤋