Legal Question in Civil Litigation in Florida
Need some help
I am needing some advice. My son whom is 7 was at a friends house playing and they were playing playstation 2. There was a neignbor girl there also and she kept sticking some kind of toy in my sons face so he couldnt see the playstation game. He moved to the side to get this thing out of his face and when he did the controller moved and pulled the playstation off the shelf where it was sitting and it fell on the floor and broke. The cd tray will no longer come out of it. The son and the father started yelling at my 7 year old son telling him that he was going to have to buy them a new playstation. My son was crying and was very upset becuz he did not do this intentionally. Since then, this happened a few days ago, the son and the father have called my phone and left messages saying that I was going to have to buy a new playstation or else. My question is this, Am I obligated to pay for this play station? Do they have a right to call and threaten me as they have been doing. Any advice I can get on this matter woud be greatly appriciated.
2 Answers from Attorneys
Re: Need some help
It's unfortunate, but if I had to defend your son I would ask for indemnification from the little girl and claim that "but for" her conduct, the playstation never would have broken. Good luck.
Re: Need some help
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.
There is no clear cut answer to this question. I do not think that you have any legal responsibility to pay for a new Playstation, however, it may the moral thing to do. At the least, you may wish to volunteer to contribute equally with each of the other two children's parents to either fix or replace the unit.
As to the telephone calls, the other child's father does have the right to call you request compensation as long as they do not make threats or become a terrible nuisance. If they do, you have the right to seek a "stay away" order which is commonly referred to as a restraining order.
If this continues, you may wish to seek the legal advice of an attorney in your area.
Scott R. Jay, Esq., 305-249-8000
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