Legal Question in Civil Litigation in Illinois
What is the amount of liability?
My 18-year-old son recently borrowed a camera from his high school and proceded to lose it. I know that he has to pay for it, but is he responsible for the cost of replacing the camera or just the depreciated value of the camera? If it is the latter, how do we figure out the depreciated value?
Thank you.
2 Answers from Attorneys
Re: What is the amount of liability?
Your son only owes the school the actual cash value, or the depreciated value, of the camera. If he replaces the used camera with a new one, the school will obtain more than it lost. However, the school may not understand this distinction, as most people do not. If the school were to sue your son for the loss, it should only recover what the judge or jury feel is the actual cash value of the camera. It is possible that a school rule could vary this result. You may wish to contact your homeowner's insurance carrier, as those policies may cover the lose of property of others in your son's possession, whether or not the lose was from the house or not. Call if you have any questions. Larry Stein (630) 221-1755.
Re: What is the amount of liability?
You are only responsible for the depreciated amount. Contact some camera specialists for an opinion and ask the school if it will agree to that amount.
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