Legal Question in Civil Litigation in California

Re: Property damaged at pool party

If your son was a minor, you are liable. If he was 18 or able, then he is liable and you are not.

She is not entitled to a brand new phone nor is she entitled to an upgrade. If it was a 2-year-old phone, she's entitled to enough money buy a like-king replacement. Your information about retail and eBay is good to have at trial.

That fact that he might work for a phone company isn't relevant. The issue of insurance isn't even admissible.

You should offer to buy a replacement phone. If fighting over $430 is worth you time, you can fight that issue in court.

Re: Property damaged at pool party

The damage to the phone would have been the young woman's fault if she had chosen to go into the water, but the fact that your son pushed her in makes it his fault.

If your son is a minor, you are responsible for the damage he caused. You can make him pay you back if you think that's appropriate.

Your son has an obligation to make the woman whole. This means he has to replace her phone with an identical or substantially similar model. The fact that other phones are available for less is beside the point; she is entitled to have the phone she chose, not the one you choose. (Imagine if your son had destroyed a $250,000 Rolls Royce; would the availability of $15,000 cars mean he should only have to pay that much in damages?) If that type of phone costs $430, then that's what you have to pay.

At the same time, the young woman is not entitled to a windfall. She is entitled to a replacement phone, not a replacement phone plus extra money. If she can replace the phone for less than $430 then you should only have to pay her actual replacement cost. Keep in mind, though, that her father may only be entitled to a limited number of discounted phones. The court will not require him to give you one of his discounts since he would then lose the opportunity to use it as he sees fit.

Whether the other family should have carried insurance is beside the point. Even if they had been insured the insurance company would be entitled to reimbursement from you or your son. Besides, the availability of insurance does not make it OK to destroy other people's property.

Re: Property damaged at pool party

Tell him to take a hike. Fight it.

Re: Property damaged at pool party

Your son caused the damage; try to agree to get a new phone for her and then find the best price. If they won't agree, then go to court and fight over the damages issue, if it is worth your time.