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Three weeks ago, I got out of the swimming pool at the gym

and took off someone else's...
Three weeks ago, I got out of the swimming pool at the gym and took off someone else's tower from the hook on the wall without realizing that it was not mine. The person put her eye glasses on the top of the towel and, as I took her towel, eye glasses dropped on the floor and the frame (only) was broken. The lady demanded that I must pay for the new glasses. I explained that it was an accident and will try to do the right thing. Also said that she can send me the bill and let's go from there. A lifeguard came over to us and told her as well that it was an accident and also she is not suppsoed to bring anything valuable i.e. glasses to the pool area, if she must to do that, she can leave the item to the lifeguard for safety. Today, she sent me the bill, a total of $400 that includes a new frame ($100) and new lenses ($300) and asked me for the one time payment. However, I do not think that I am responsible for the entire bill considering the situation that it was an accident (Pool sign clearly indicates that nothing valuable should be entered into the area) and the fact that the frame was broken not the lenses. She said that the existing lenses were not refitted to a new frame she picked out, she bought new lenses too. I don't think this circumstancial issue created by her choice to get a new lenses is not my concern. Therefore, I should only pay for a half of the frame price, $50. Am I doing the right thing?
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Answered in 9 minutes by:
6/3/2013
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
Hi,

Thank you for your question.

In this situation, you are responsible for any damage that you caused by your own negligence. You took the wrong towel from the hanger and you did not see that there were glasses on it. Thus, you have at least partial liability here.

However,the amount amount a person may recover for property damage is reduced when their own negligence contributes to the damage So, this means that because she was negligent by putting the glasses in the pool area and in a precarious location where they could be knocked over accidentally, she is not entitled to recover the full amount.

In fact, if you were to go to a jury, they would get to decide what percentage fault you have and what percentage fault she has. They could in fact find her 100% at fault for bringing the glasses into the pool area.

Further, you are only responsible for damage to the property, not for its replacement costs. If the glasses are 10 years old, then you are responsible for the percentage damage you did to the 10 year old glasses. Here, the frame broke and did not break the lenses. Thus, you are only responsible to pay for the cost of repairing/buying the actual frame which broke. If that frame only cost $50, then you would only be responsible for your part of that. She cannot go out and purchase $400 glasses and claim that you have to pay the entire amount.

What you are offering is reasonable and legal under the circumstances.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
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Customer reply replied 4 years ago

Hi Mr. ZDN,


 


Thank you for your email.


 


Could you provide me your contact information that includes email address or phone number that I can get in touch with you for the future business?


 


Thank you in advance for your help.


 


Best,


Juyeon


[email protected]

Hi Juyeon,

I'd love to be able to do that, but unfortunately, the website does not let us directly contact customers.

If you ever want to access me, you can always find me on-line here by clicking on my profile and sending me a message. Start your message with "for ZDNlaw only".

Thanks for your business.
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TexLaw
TexLaw
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Category: Legal
Satisfied Customers: 4,430
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Experience: Lead trial/International commercial attorney licensed 11 yrs

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