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HelloThis is Samuel and I will discuss this and provide you information in this regard.
Please tell me first1 - Is it school procedure for any phone to be left in the open, on top of a desk? Or are they supposed to be put away?
Because in Kansas the law on recovery of damage to property depends on if your son can be deemed negligent in the matter. So if he was not complying with school policy, then his amount of "negligence" will negate a portion of the liability to the other student.Let me explain further.
So if the policy is that they are not supposed to leave them out, but everyone does and the teachers never question it, then the negligence on the part of your son is minimized - but only because leaving them out has become general practice.
Therefore, I suggest you can write the parents of the student and request a portion of the cost to repair or get a new one.
I suggest that you will want to mail the letter certified with a return receipt requested. And ask them for the contribution since their son touched what did not belong to him and while it was Accidentally dropped that does not negate their son's behavior.
Here is a link to the Comparative negligence statute
Yes. So now you need to put it in writing. And in the letter also add that you don't want to file a lawsuit, but if he is unwilling to settle the matter out of court, you will file in small claims and you will request the court to order he pay your legal fees associated with the filing because it is his unwillingness to settle.
That is why the letter mailed certified is important. It shows you tried to do it without taking up the court's time and the only reason you are in court is because he would not settle.
Then you can file in small claims court. You can do that without the help of a local attorney. The clerk of the court will have the forms.
You're welcome. Thanking you in advance for a positive rating. Good Luck and Enjoy a Happy Thanksgiving.