Legal Question in Real Estate Law in Pennsylvania

My sister took my $600 camera to school.

The following incident took place in a classroom.

My sister's friend took the camera away from her as a joke and then hid it. She was distracted while taking a practice test. Her friend then asked her where the camera was as a joke, and then admitted to hiding the camera in the back of a classroom. She told the friend to retrieve the camera, which he accepted. The friend forgot to retrieve the camera. The issue is that the friend mentioned where the camera was to my sister (saying that it was in the back of the room), and she forgot to retrieve it after taking the practice exam.

Is the student still responsible? I believe he stole the camera. Would I have a case in a civil court for a small claims action?


Asked on 6/19/10, 9:22 pm

1 Answer from Attorneys
Rachel Hunter

I need to talk to your sister, not you about her legal issues. Why would she take a $600 camera to school? This was not particularly smart. She can go see if the camera is still there. If it isn't, she can try to press juvenile charges (if the student is under age 18) or criminal charges is the student is an adult. She can also sue civilly for replevin of the camera or loss in its value. I would bring criminal charges first because he can be ordered to give restitution in the criminal case. The problem is that the student can argue that someone else found and took the camera. If that is the case, then criminal charges might not be warranted, but the studen t should still be liable civilly. However, your sister was also negligent and PA is a comparative negligence state. What that means is your sister's fault will be compared to that of the student. If your sister is less than 51% at fault, any recovery she gets will be reduced by the percentage of her fault. If she is more at fault, then she recovers nothing.

Your sister hs learned a very expensive lesson.

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Answered on 6/21/10, 10:29 am


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