What is my l ability if my son intentionally knocked a cell phone out of a classmate’s hand?
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What is my l ability if my son intentionally knocked a cell phone out of a classmate’s hand?
My son was playing truth or dare with his friends at school. The dare was to knock a classmate’s phone out of their hand. The phone was damaged but not broken. However, now the owner is requesting the full $221 cost as compensation. Are we legally entitled to pay this?
Asked on March 29, 2014 under Business Law, Texas
Answers:
Brook Miscoski / Hurr Law Office PC
Answered 10 years ago | Contributor
In Texas, the answer to your question depends on a number of factors. It's worth knowing the age of the child, whether the act was wilfull or negligent, and whether the act was attributable to parental negligence.
It likely also matters whether the classmate was playing the game as well.
Finally, it's worth knowing what the cost would be to repair the phone, and what condition the phone was in to begin with. Generally speaking, the owner wouldn't be entitled to a new phone if the cost to repair were low or the phone was quite depreciated already at the time of the accident.
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