My daughter tripped on her friends cello which was placed in a place where it shouldn’t have been. I agreed to pay half because the other child was also being careless about where it was placed. They say I owe all the money even though it was accident. Wh
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My daughter tripped on her friends cello which was placed in a place where it shouldn’t have been. I agreed to pay half because the other child was also being careless about where it was placed. They say I owe all the money even though it was accident. Wh
They say even though it was an accident we are still 100 liable. I think there’s
some responsibility on both parts.
Asked on June 9, 2016 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You don't indicate your liability for what? For the cost to repair the cello? For your daughter's medical costs? Either way, as a general matter, there is no hard and fast anwer, because liability in a case like this depends on negligence, or carelessness, and is determined case by case. Factors will include:
what you mean by "place it shouldn't have been"--was it in front of a doorway or stairs or other place where it couldn't easily be gotten around, or the middle of a room, where it could be avoided
how visible it was
the age of the kids--different standards of care or caution are applied to 15 year olds vs. 7 year olds, for example
what else was going on at the time--was either girl horsing around, for example
In short, you need to weigh all the circumstances, to see who was negligent, or unreasonably careless, under the circumstances. If one was negligent but not the other, that one should bear the costs; if both were negligent, splitting costs is appropriate.
Bear in mind that if this somehow become "personal" or emotional and escalates and you can't work it out, you could end up being sued, even if only in small claims court. It may be worth paying more than think is quite fair to avoid that.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.