Q: I was carrying my friend and her phone fell out her pocket and now she wants to sue. Can she? Also we're both minors
One day I was carrying her in my arms and her phone (which was in her jacket pocket, easy for something to fall out of) fell out. Note we're both minors. Both me and my mom refused to pay for damages, and so my friends considering suing my mom, because she thinks that since she has legal responsibility over me, she's responsible for my actions. Can she do that, and what would be your legal advice?
A:
You can sue anyone for anything but that doesn't mean you will win. That type of lawsuit is a matter of civil law, not criminal law.
With regard to criminal law, it is possible that you committed the crime of Assault for touching her without permission, possibly Unlawful Restraint, and perhaps Criminal Mischief for damaging her phone.
I can't give you legal advice on a web page but I'm sure that it is cheaper to repair or replace a phone than it is to hire a good attorney to defend you. Paying for the phone is also the right thing to do if you are being a good friend.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
