Can I liable for someone else’s vandalism if a friend I was with accidentally caused damage to mall property?

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Can I liable for someone else’s vandalism if a friend I was with accidentally caused damage to mall property?

My friend reached up and hit an exit sign at the mall causing it to break. He did not intend on breaking the sign it was simply an accident. However, a day later the mall security emailed me claiming that I am liable for the damages incurred on their sign just because they saw me with him in the surveillance video. They managed to obtain my information through a coupon I used that same day and are threatening that they are going to seek further legal action against me. I don’t feel I should be liable for something I had nothing to do with considering that I’m not his mother or related.

Asked on August 6, 2011 Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unless you were knowingly a part of the alleged vandalism by your friend you are not responsible for his conduct and the resulting damages. Meaning, if your friend's wrongful conduct occurred out of the blue and as a surprise to you, then your should not be responsible for his conduct.

However, if you and your friend went to the mall with the intent to cause damage, his wrongful conduct and damage caused would be under the eyes of the law, your wrongful conduct and damage.

Mall security is attempting to pressure you to give information about your friend who caused the problem. I would not respond to the mall security's e mail in that your response may incriminate you in the event criminal charges are filed against you.

You should contact your friend and advise him that he needs to pay for the sign that he damaged. Payment for the damages he caused in the right thing to do.

Good luck.


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