How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dwayne B. Your Own Question

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27396
Experience:  Began practicing law in 1992
11068102
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

A friend of mine accidently dropped a heavy object onto my

Resolved Question:

A friend of mine accidently dropped a heavy object onto my laptop when it was opened and damaged the hard drive. He replaced the hard drive, but prior to that, without my consent; had taken my laptop to a 'friend' of his to try and fix; only to have ruined it further by loosing all of my pictures during the process. Now, it is 4 months late, and he still is not going to do anything about it. I got two reports from professionals stating that my pictures were lost due to sever damage caused by 'the unprofessional person' trying to fix my laptop. I presented it twice to him, and he blew me off. I then have told him I will file a claim on his homeowners policy, and now he is even more livid. Am I doing this right?
I now live in the residence; and fear he will retaliate and force me out.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Can you explain how he dropped something on the laptop? Was he using the laptop? Was he moving things? Was it open or closed? Where was it located?
Customer: replied 1 year ago.

I had my laptop on kitchen counter to look things up. He decided to open cupboard above me, and a heavy jar of food fell out on top of the keys. He could see that my laptop was open, and he really had no reason to open the cupboard, as he knew it was crammed and stuffed with things.

Expert:  Dwayne B. replied 1 year ago.
Who stocked those shelves normally? I promise there's a reason for the questions.
Customer: replied 1 year ago.

His mother (who had passed away); and him. He was there in town trying to get a grip on the estate mess; when he called me to come over and review all the work that needed to be done. (Hoarding issues). He had wanted to hire me to clean up the mess.


 


He is fully aware that he damaged the laptop, and only would pay for the new hard-drive. But what he did without my okay---is take it to a friend to try and fix, who was not a professional, and he further damaged the media contact causing loss of my personal pics. Now, he is claiming my laptop was 'crap' anyway, and he is not going to take care of it further.


(my laptop was not 'crap)

Expert:  Dwayne B. replied 1 year ago.
I understand now.

The question here revolves around "negligence" which essentially asks whether he did something a reasonable person did not, or didn't do something a reasonable person would.

In this case it seems reasonably clear that he messed up both in the initial damage, opening a cabinet above your laptop knowing it was cluttered and something likely to find out, and then taking it somewhere to be fixed without your permission.

You can certainly file on the homeowner's insurance and they should cover it since it is a result of negligence. However, it may be that his deductible is so high that the insurance doesn't actually provide any coverage but that is the best place to start.

Please ask any follow up questions in this thread.
Customer: replied 1 year ago.

The damage estimate from the professionals is $2400 to try and recover any if at all of my personal pictures.


 


With that price---the professionals are willing to work with the insurance company. I am not sure after that what damages I am entitled to should they not be able to retrieve my pictures or part of them.


 


Further, what happens if I file, and then am retaliated against.

Expert:  Dwayne B. replied 1 year ago.
What type of retaliation are you concerned about?
Customer: replied 1 year ago.

He will have me leave this residence that I moved into to do the help after giving up a residence that I resided in prior to coming here. He will become very upset and angry towards me on it. I then will be homeless.

Expert:  Dwayne B. replied 1 year ago.
Is there a written lease of any kind?
Customer: replied 1 year ago.

NO. he has no intention of that. He knows I am in my late 60's and that it is a wait list of about 5-10 years just to get into reduced living with my disability income. I am prepared I guess.

Expert:  Dwayne B. replied 1 year ago.
There really is no way of stopping him then since without a lease the court presumes it is a month to month lease and therefore you aren't guaranteed to be there past next month.

It is hard to recover any monetary value for pictures. You can ask for it but the judge doesn't award much. You can recover whatever it costs to get an expert to recover them, just not much of a value for the actual pictures if they can't recover them.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27396
Experience: Began practicing law in 1992
Dwayne B. and 13 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Dwayne B.
Dwayne B.
13298 Satisfied Customers
Began practicing law in 1992