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Judge Judy ! judge Judy ! - 3/14/2009 10:35:35 PM   
Termyn8or


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This is all actually true to the best of my knowledge to which I will swear and attest. Really though if I do screw it up, at least it is not political. Of course some of the names have been changed to protect the guilty.

Case backgroind :

H has a laptop for sale, which T has in his possesion to think about buying it. It would come in handy for work but the laptop is not the most pristeen specimen, but since it runs XP acceptably it is under consideration and the specs will be found out later. The unit in question is sitting on top of two boxes in the middle of the livingroom floor for easy access.

This is T's house and one day he walks in and lays a jacket over the laptop, and really pays no mind. It sits there until S comes over. S in a compulsive, reactive and highly energetic individual other than the fouteen hours a day he sleeps. He takes and moves T's jacket to get by so he can sit on the couch, and the laptop hits the floor. So much for that.

T seeks damages from S in the amount of the purchase price of the laptop. T will not have a free laptop, nor an extra amount of money, as it forwards to H automatically. S's carelessness caused this and therefore like anyone who walks in your home and damages something should pay for it.

S, in defense asserts that T was careless to leave something so valuable in such a vulnerable place, and that he did not see the laptop, and technically did not even actually touch the laptop. Therefore T should be liable for the loss.

______

In some states, a litigant's ability to pay is considered when rendering any kind of split judgement. This is a non issue, both litigants have near equal ability to pay. However neither wants to pay of course.

5,,,,,4,,,,,3,,,,,2,,,,,1,,,,,GO !

T
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RE: Judge Judy ! judge Judy ! - 3/14/2009 10:48:52 PM   
KMsAngel


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Status: offline 		claim it under house and contents insurance and let it go.

otherwise, you're going to lose the friendship (if indeed it is a friendship)

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RE: Judge Judy ! judge Judy ! - 3/14/2009 11:20:48 PM   
BKSir


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Status: offline 		soooo.... what on it broke?  Probably, most likely, the monitor.  Hit e-bay or something, grab one  for like $40-70, shut the f**k up.  Rinse, repeat.

That is, if anything at all actually broke.  Dimes to donuts, open it up and voila!  Look!  The ram came unseated, or the hd came unplugged.  In your typical apartment, there's going to be carpet and padding, that will dampen the blow greatly, and a 4 foot drop won't normally damage a laptop THAT much, unless it's open.  In which case, yeah, the monitor probably got damaged.  See above.  A 6' drop... well, if someone is just randomly setting their laptop and jacket down, I can guarantee the boxes weren't 6' up.  Just not realistic.  8 foot or more, not going to happen, as the standard apartment ceiling is just under 8'.

Both H. and S. need to pull their heads from their asses and, if anything, say "Okay, we both screwed the pooch on this, split 50/50 on getting it fixed, if it even costs anything." (see above again, reseating the ram and checking if the hd got jarred loose)


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RE: Judge Judy ! judge Judy ! - 3/14/2009 11:26:55 PM   
LinnaeaBorealis


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Status: offline 		I gotta agree with BK.  The laptop on which I am typing bounced off the bunk of my semi as I was going down a rough road.  It was open at the time.  It was about 3 feet off the floor when it flew.  It required no repairs, although it doesn't feel good sometimes & I give it a little rest.  They be hardy little buggers.

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RE: Judge Judy ! judge Judy ! - 3/14/2009 11:27:00 PM   
SteelofUtah


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Status: offline 		I have Shovels and I know a Place where the Hole is already half way dug (Eventually she Appologised) If we drive all night we can be done with this by morning.

Steel

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RE: Judge Judy ! judge Judy ! - 3/14/2009 11:33:57 PM   
BKSir


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quote:

ORIGINAL: LinnaeaBorealis

I gotta agree with BK.  The laptop on which I am typing bounced off the bunk of my semi as I was going down a rough road.  It was open at the time.  It was about 3 feet off the floor when it flew.  It required no repairs, although it doesn't feel good sometimes & I give it a little rest.  They be hardy little buggers.


LOL, sounds like mine.  If it were a person or animal, I'd be doing prison time for all the mistreatment I've given the poor thing. But it still runs like a trooper, aside from windows, but that's a totally different matter. ;)

The cooling pads, on the other hand...  I go through about 4 or 5 of those a year.  What?  I'm not exactly the most graceful of critters...


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RE: Judge Judy ! judge Judy ! - 3/14/2009 11:55:41 PM   
Termyn8or


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You are all missing the point.

Let's just assume that the laptop is now FUBAR, and cannot be repaired.

What are the standards regarding an adult guest in another's home vs. the host's responsibility to keep things safe from accidental harm.Was the carelessness exhibited by S enough to make him culpable for the loss ?

And the visit was unexpected, no phone call no nuthin.

That was the point, not whether the laptop can be repaired. I put this in this section for a reason. I'll wipe my ass with the price of this laptop, so would S. But neither wants to pay. The question is, who should pay ?

T

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RE: Judge Judy ! judge Judy ! - 3/14/2009 11:58:14 PM   
Vendaval


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Status: offline 		How about S and T both pay 50/50 off the cost to replace the laptop to H?

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RE: Judge Judy ! judge Judy ! - 3/15/2009 12:00:41 AM   
SteelofUtah


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Status: offline 		Seriously, I have shovels and a Deep Trunk.

Lets Kill this lil fucker and be done with it.

Steel

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RE: Judge Judy ! judge Judy ! - 3/15/2009 12:10:22 AM   
LinnaeaBorealis


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RE: Judge Judy ! judge Judy ! - 3/15/2009 12:10:57 AM   
Asherdelampyr


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RE: Judge Judy ! judge Judy ! - 3/15/2009 12:14:46 AM   
fluffypet61


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RE: Judge Judy ! judge Judy ! - 3/15/2009 12:16:59 AM   
ThatDamnedPanda


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quote:

ORIGINAL: SteelofUtah

I have Shovels and I know a Place where the Hole is already half way dug (Eventually she Appologised) If we drive all night we can be done with this by morning.

Steel


Wait a minute... you mean you didn't make her fill the hole back up? My god, you're a marshmallow. I never would have expected you to be such a pushover. Tellin' ya, man, people gonna walk all over you if you let 'em off that easy!


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RE: Judge Judy ! judge Judy ! - 3/15/2009 12:39:33 AM   
DrkJourney


Posts: 1917
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Status: offline 		If the computer was out in the open, he saw it, was playing around and it got broken, I would say, yes, he should pay.

But the fact is, it was covered, he didn't know it was under the jacket, he was simply trying to make his way to a place to sit, it was an accident.

In a perfect world a "friend" would at least offer to pay half, but if not, if you want to save the friendship just pay it yourself and buy a table for the new computer so you won't have to put it on boxes and hang up your clothes...lol

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RE: Judge Judy ! judge Judy ! - 3/15/2009 1:19:07 AM   
Termyn8or


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Status: offline 		In a perfect world, that is rich. I laughed so hard I got a nosebleed ! Anyone want to buy a red keyboard ?

T

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RE: Judge Judy ! judge Judy ! - 3/15/2009 8:02:34 AM   
SavageFaerie


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Status: offline 		T for all intents and purposes you were responsible since the laptop was not yet paid for.  That makes you the bailee.
A bailee is 100% responsible for the damage to a piece of property that is damaged while in their care, custody and control.

If you had the laptop sitting some place that was not safe, then you dropped the ball in your care, custody and control.  You didn't take all safeguard to protect the property of H. So in light of that you would be 100% responsible.

S moved a jacket hiding the property, so therefore he was unaware that said property was there and falling down it came.

I do not see this as his fault in the least, as you didn't take proper measures to take care of another's property by placing it somewhere it could be damaged.

Coming from an ex-adjuster that used to determine who was at fault, its my opinion that the fault lies solely with you.

Now if he had taken said property and picked it up and dropped it, then you could go after him for damaging property carelessly. But from your scenario his actions was an accident due to your negligence, so therefore would be without fault to the damage.

While yeah you both were at fault and 50/50 sounds nice, Judge Judy would probably rule that you didn't take and extra duty care of property and rule the care you took of h's property was careless and therefore you would be responsible for paying the entire damages to H.

Note: this is my opinion and that of bailment and the responsibilities one carries when you have another's property.
Not only must you take care of another's property, bailment responsibility put extraordinary care in your hands, moreso than you do with your own property.

< Message edited by SavageFaerie -- 3/15/2009 8:36:05 AM >

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RE: Judge Judy ! judge Judy ! - 3/15/2009 8:12:03 AM   
tammystarm


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Status: offline 		steel of utah,

i know where haffa is


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RE: Judge Judy ! judge Judy ! - 3/15/2009 8:12:05 AM   
kazzaslave


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Status: offline 		I agree with SavageFaerie, since S had no way of knowing the laptop was under the jacket it was just an accident, therefore paying the repairs (if they are necessary) is your responsibility alone.

kazza

edited to fix SavageFaerie's name


< Message edited by kazzaslave -- 3/15/2009 8:13:10 AM >

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RE: Judge Judy ! judge Judy ! - 3/15/2009 8:15:43 AM   
tammystarm


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Status: offline 		sounds like faerie just closed the case

well done babe


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RE: Judge Judy ! judge Judy ! - 3/15/2009 8:18:08 AM   
yourdarkdesire


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Status: offline 		court is hereby adjourned!  *bangs the gavel*

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