Legal Question in Civil Litigation in Pennsylvania
My son was recently at a graduation party. While there he sat down on their couch and something underneath broke. They are now after him to replace the couch. While we realize he bears some responsibility here, what are his legal obligations? We have offered to have someone look at it to see if it can be repaired. The girl who lives there said that her father is going to look at it and if he feels it is not repairable then they want it replaced or they will take my son to court. Any help will be greatly appreciated.
1 Answer from Attorneys
Your son may bear some responsibility for repair, but not replacement. If liable the owner should be restored to the same condition as immediately before the incident. That means if the couch is unable to be repaired that he would need only be responsible for the cost of an couch of the same age and condition. More likely, the couch should be brought to a furniture repairer or upholsterer who can also do the repairs.
Personally, I think think the adults should let the matter drop. There is nothing to prove that the couch wasn't just about to break when your son sat down.
Regards,
Roger
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