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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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A week ago my son had s phone on s desk. Another classmate

Customer Question

A week ago my son had his phone on his desk. Another classmate picked it up and was taking pics with it. As he was handing it back the phone was dropped. Is it just tough luck or is the classmate responsible because he pickup the phone in the first place. The phone doesn't work at all now.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Expert:  Samuel II replied 1 year ago.

Please tell me first

1 - 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?

Customer: replied 1 year ago.
The are supposed to put them away but the students leave them out on their desk with their ipads. They are not to use them or they with be picked up. School is not responsible for personal goods.
Expert:  Samuel II replied 1 year ago.

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.

Expert:  Samuel II replied 1 year ago.

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.

Expert:  Samuel II replied 1 year ago.

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.

Expert:  Samuel II replied 1 year ago.

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.

Customer: replied 1 year ago.
True There were other students there that said the classmate dropped the phone. I talked to the boys father and was not asking for a new phone just the money to cover the ins. Father told me tough luck and its not his problem.
Expert:  Samuel II replied 1 year ago.

Here is a link to the Comparative negligence statute

Expert:  Samuel II replied 1 year ago.

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.

Expert:  Samuel II replied 1 year ago.

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.

Expert:  Samuel II replied 1 year ago.

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.

Customer: replied 1 year ago.
Sounds like a plan. I will get the done today.
Thanks
Expert:  Samuel II replied 1 year ago.

You're welcome. Thanking you in advance for a positive rating. Good Luck and Enjoy a Happy Thanksgiving.

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