Q: Accidental breaking of a laptop, but the person is refusing to pay properly. Can I take this to small claims?
Hello.
On Sep 27, 2016, someone accidentally broke my laptop, rendering it unusable. She hit it off a table due to her bag hanging by her side,claiming the laptop was on the edge of the table.This was not the case.A witness saw the laptop was nowhere near the edge. Nonetheless, the person is claiming that I am partially at fault for "negligence." The repair came out to $475, but she is refusing to pay even HALF that. I would like to take this to small claims for reimbursement; but I was not aware of what a small claims was until now. Prior to knowing of small claims,I texted her saying I would take $250 (an offer to which she denied); however,now I would like to take this to small claims.I do not think it is fair for me to have to settle for less than half the cost of the repair for a brand new laptop that was barely 2 months old. Should I go to small claims? Would I be able to get the full amount, even though I offered to look the other way for $250 prior to knowing of small claims?
A: You can take this to small claims court, potentially asserting a claim of negligence. If she refused the $250 offer, I see no contractual release/ settlement agreement there. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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