Legal Question in Real Estate Law in California
My daughters friend asked her to throw her backpack over a fence to her. My daughter tossed it to her & the other girl did not catch it. She had her iPod in her backpack & it broke. The other girls mom says my daughter is responsible & is demanding that my daughter buy het a new one. Can my daughter be legally liable for having to purchase a new iPod for the other young lady?
2 Answers from Attorneys
In general, your daughter is not legally responsible. Her case is stronger if she did not know there was anything breakable in the backpack and that most people could have caught the toss. The other girl gave your daughter permission to do what she did and knew the possible consequences. Assuming them to be of the same age or intellectual level, what did your daughter do that was more negligent than the other girl?
I agree with Mr. Shers. This would be classified as an unfortunate accident, rather than an instance of actionable negligence, for the reasons he states. The toss of the back pack was an invited act. Further, while children can be held liable for their negligence, they are not held to an adult standard of conduct.
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