Legal Question in Civil Litigation in New Jersey

Negligence Liability of 17 year old son

My 17yr old son, along with 25 other kids went to a Ben & Jerrys ice cream store and ordered a ''Vermoster''which is an ice cream treat for large groups of kids. Store policy is that they take a photo of the entire group each and every time a group orders this treat. One of the kids suggested Having the photo taken in the rest room so they all went inside and tried to huddle. The counter girl said they had t move because she couldn't get them all in the photo. My son stood the the toilet tank and it crumbled and broke from his bodyweight. The store owner is threatining a lawsuit if I don't pay him $185 in costs to replace the broken tank. I feel that because his employee had contributory negligence by not refusing to take the bathroom photo. I offered to settle for $50 and he wants no part of this.He also told my son he might be sent to ''Juvee''. Is my thinking correct or should I pay.


Asked on 12/18/06, 2:29 pm

1 Answer from Attorneys
Scott Diamond DIAMONDLAWYER

Re: Negligence Liability of 17 year old son

you have got to be kidding. If the store employee told him to stand on the toilet, the employee should pay. If your son was injured, you should sue the establishment. I cannot gurantee what will happen, but if what you relayed is true, your son has a good defense.

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Answered on 12/18/06, 6:38 pm


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