Am i responsible to pay for repairs to a

I recently rented a bounce house which looked new. However, after the children’s birthday party. I got on to the bounce house and noticed there is a small cut in the liner on the bounce house. Once the owner of the bounce house showed up, I pointed out the cut to him. I can’t prove if it happened before or while it was at the party. Neither one of us made walk-through inspection once the bounce house was set up. Now he is demanding me to pay for repairs

instead of claiming it on his insurance. No paperwork was ever signed and no discussion of

liability. However, I did pay for the rented bounce house.

Asked on April 12, 2016 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Someone is not required to claim on insurance; he can instead seek compensation from a person whom he believes is responsible for causing the damage. The issue then, is whether you (or the children at your party, for whose actions you were responsible) caused the damage and whether that can be proven. If you and he cannot work matters out between you, he has the right to file a lawsuit; if he can, such as by the testimony of himself and/or his staff (if any), convince the court that there was no damage before you took delivery of the house, but there was a rip or cut after, he could therefore convince the judge that you were responsible and get a money judgment in his favor. It will come down basically to how credible or believeable are he and his witnesses vs. you and any other witnesses of yorus, if you dispute causing the damage.
If he can convince the court you caused the damage, he can potentially get the actual reasonable cost to repair.


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