What is a patron's liability for damage to store property?
Question Details:
My sons skateboard rolled into the door of a store and broke the glass. They want us to replace it. Since it is a glass door to a convenience store so the whole door needs to be replaced. The estimate is between $400 and $600, which we don't have. He was not riding the skateboard, he had just gotten off, and it rolled slowly maybe 6 feet and hit the glass and cracked it. The owner's wife said that the crack has since spread and the door will need to be replaced. Shouldn't their insurance cover it? Is not this a part of doing business?
Business Law Answers
I think the store would have some problems if they sued you for this. First, they would have to prove that your son was negligent, legally careless; that might depend on what the court believed, about how fast the skateboard was moving when your son got off. If it's found that it was actually moving slowly, so that a very careful person wouldn't think it could have broken a glass door, that might be the end of the case.
Beyond that, to make you pay for this as parents, the store might well have to prove that you were negligent in supervising your son.
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