Legal Question in Technology Law in Missouri

sued

my mom bought this kid i know from school some mature cd and game, he had told her that his mother was cool with it that it would be fine with her. she shows up to our house saying that she is going to sue us. what can we do, can she sue us?


Asked on 1/04/08, 5:38 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: sued

She can sue. Anyone can sue for anything. But the real question is, can she win. In order to win, she has to have damages. If she had to send her kid to a shrink or something, she might have some damages, but I doubt it. She is probably just another person who believes that the solution to every problem can be found in a lawyer's office.

If this woman were to come to my office and propose a lawsuit on this basis, I would simply tell her I did not think she could prevail without damages.

Your mother also has the defense that the kid told her that the mom was okay with the purchase, and that she did not have any reason not to trust the boy.

There is a legal maxim that covers this: de minimis non curat lex. It means "the law doesn't concern itself with trifles." Here, because there is likely very little real harm, there is very likely little real chance of a lawsuit.

Good luck,

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Answered on 1/07/08, 10:56 am


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