Legal Question in Civil Litigation in New York

bicycle hits front door of store so kid must pay for damages

My 13 yr old son rode his bike to local 7/11 type store and

his brakes failed as he hit the

front door and cracked the glass.

He went inside and gave the store employee his name and

phone number.

He came home and told us what

happened.

The store called today and told

us we have to pay $225 for repair of glass in door.

Is this typical for this situation? Neither of us

parents thought the store would

require us to pay for door.

Thanks very much.


Asked on 8/01/06, 11:18 am

3 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: bicycle hits front door of store so kid must pay for damages

Sounds to me like you got off easy, $225 does not sound like a lot to repair a store window.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 8/01/06, 11:52 am
David Simon Hogan & Rossi

Re: bicycle hits front door of store so kid must pay for damages

Yes, this is typical. Unless you can show your son did not crack the door and it was like that before he hit it. The accident either resulted from your son's negligence in riding the bike, or in his negligence by failing to keep the bike in good repair. He had a duty to exercise reasonable care under a "reasonable person" standard. He breached that duty if he did not exercise the ordinary care of the reasonable bicyclist. His breach of the duty was the cause of cracked glass and the store's damages. I would have them present you with the repair bill before you pay it, otherwise you may find yourself in a small claims case.

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Answered on 8/01/06, 11:54 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: bicycle hits front door of store so kid must pay for damages

I am happy to hear your son was not injured. $225.00 is not a high price for this type of door. The store is not trying to 'scam' you.

1. Accidents happen and they create costs. Someone must pay and your son was the one who was negligent.

2. You can make an offer of $125.00 and the store will likely accept. If they do not, then they may still not take you to small claims.

Your son sounds like an honest and upright young man to go in and take responsibility like that. You should be proud of him.

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Answered on 8/01/06, 3:01 pm


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