Legal Question in Real Estate Law in California

Hello

A kid threw a baseball at my door window, breaking the glass of the door. I spoke to the child's parents and they said they were going to pay for the damages of the window only. The thing is my door is really old and is a glass model, and I might need a whole new door altogether(due to the design). My question is, are the parents liable for the cost of the new door or just the window?

Thanks!


Asked on 4/26/11, 9:10 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

The parents are liable for the damages done and have to restore the door to the condition it was before the ball hit the window. If that requires work to the door itself, then they are responsible to pay for that, although they might be entitled to any improvement. For example, if someone throws a drink onto a wall in your house making it necessary to repaint that spot of discoloration, if the wall has not been painted for 3-4 years painting that spot will leave a noticeable area of difference in color, so the whole wall will need to be repainted, but there is some added value to you in having the entire wall painted so there needs to be some reduction of the costs that the drink thrower must pay.

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Answered on 4/26/11, 9:43 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with the previous answer, and would only add that the child's act would probably be considered vandalism under Penal Code section 594. Civil Code section 1714.1 covers liability of parents and guardians for the "willful misconduct" of minors.

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Answered on 4/27/11, 8:19 am


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