What is my l ability if my son intentionally knocked a cell phone out of a classmate’s hand?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is my l ability if my son intentionally knocked a cell phone out of a classmate’s hand?

My son was playing truth or dare with his friends at school. The dare was to knock a classmate’s phone out of their hand. The phone was damaged but not broken. However, now the owner is requesting the full $221 cost as compensation. Are we legally entitled to pay this?

Asked on March 29, 2014 under Business Law, Texas

Answers:

Brook Miscoski / Hurr Law Office PC

Answered 7 years ago | Contributor

In Texas, the answer to your question depends on a number of factors. It's worth knowing the age of the child, whether the act was wilfull or negligent, and whether the act was attributable to parental negligence.

It likely also matters whether the classmate was playing the game as well.

Finally, it's worth knowing what the cost would be to repair the phone, and what condition the phone was in to begin with. Generally speaking, the owner wouldn't be entitled to a new phone if the cost to repair were low or the phone was quite depreciated already at the time of the accident. 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption