Legal Question in Real Estate Law in California
We recently had some friends over to dinner and at the last minute one of there friends asked if they could watch there child as she was going out to an event. Later in the evening she came by to pick up her child. She called to say she was coming by and we told her to come in when she arrived as we were having dinner upstairs. Unknown to us she removed her "$800" Cole Haan Nike boots before she came upstairs. As with all kids, it takes a while to get kids ready to leave. While this was happening, our 9 month old Wheaton Terrier chewed on one of her boots and caused significant damage to the toe of the boot. What would the liability be for this. Is there some assumption of risk or personal resposibility to take care of one's own belongings? I have not received any proof of cost but I beleive that these shoes were not $800. I personally do not feel I should be responsible because I did not ask her to remove her shoes. I feel bad about this and have not admitted any responsibility but have offered to pay $100 but I think she wants them replaced. What is the legal answer to this, so I that can consider the ethical response. Thanks
3 Answers from Attorneys
Call your homeowners' insurance carrier.
Not really a "real estate and real property" question, but IMHO you are liable, and the only question is the amount of the damages. Mr. Stone's suggestion that you farm the matter out to your insurance carrier has some merit. The general principle is that the injured party needs to prove the harm done and seldom gets full replacement value. Try $500 if you'd rather not ruffle the insurance company's feathers.
The advice above is correct. Unless she knew that you had a puppy who likes to chew on shoes [anyone who has owned a puppy knows they like to do that to their master's shoes but I am not sure about some one else's shoes], in which case there is some comparative negligence, you are at fault. Some people, such as myself, Asians, etc., normally remove our shoes before going inside a house; doing so is not negligent. Ethical decisions normally are not based upon first considering one's legal obligations. Before making an insurance claim, see what effect it might have upon your insurance rates.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
