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.
3 Answers from Attorneys
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.
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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.
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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