Legal Question in Civil Litigation in California
Who is liable for damage?
My girlfriend drove me from school to work the other day. When I went to work, I left my computer on top of a few large textbooks (each several inches thick) in the backseat of the car on the floor.
Later in the night (without me being present) my girlfriend picked up a few friends. Her roommate sat in the backseat. The roommate was intoxicated and stepped on my brand new laptop, completely ruining it. A sober person would have noticed the laptop and several books, as they were in the way of someone getting into the backseat and very clearly there.
She claims that because she was drunk and the car was dark it is not her problem and that I should pay.
I feel that she is liable. What do you think?
1 Answer from Attorneys
Re: Who is liable for damage?
Sue her in small claims court. I have a feeling the judge might say that you shouldn't have left your laptop in someone's car, but being drunk is no excuse for damaging someone's property.
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