QUESTION
What can I do if my 13 year old son broke a restaurants window accidently?
Asked on Mar 11th, 2013 on Personal Injury - Massachusetts
More details to this question:
My 13 yr old son tripped and fell into a local restaurants window. It broke. The police were called but they said it was not a police matter. I gave the owner my address & home number. She keeps calling me saying I need to pay $700. Under the table to her. I told her it was an accident, I have no money to pay and for her to go through her insurance. What should I do?
12 ANSWERS
Christian Joseph Menard
You say the window broke as a result of an accident. All things break either by accident or by intentional conduct. The question is whether you son was negligent. If he was negligent and his negligence caused his fall thereby breaking the window, you need to pay the damages. If he was not negligent, but say fell due to a dangerous condition on the sidewalk then you would not gave to pay.
Answered on Mar 17th, 2013 at 8:46 PM
Ronald A. Steinberg
First, it was an accident. You are responsible for your child, but it is a civil matter, not a criminal (or police) matter. Tell the woman to get the window fixed, and provide you with actual proof of what it cost to get the window fixed. She actually should have the window fixed by her insurance company, if she has one. If they fix it, you can make a agreement to pay back at monthly rates that you can afford.
Answered on Mar 12th, 2013 at 10:40 PM
Automobile Negligence Attorney serving Orlando, FL
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Your son's simple negligent act should be covered under your homeowner's insurance. Contact your insurance agent and report the accident and they should cover it for you.
Answered on Mar 12th, 2013 at 2:44 PM
Don't pay money under the table. Go through your insurance company.
Answered on Mar 12th, 2013 at 2:44 PM
Michael J. Breczinski
I would find out from a glass replacement business what it costs to fix and offer to pay that.
Answered on Mar 12th, 2013 at 5:41 AM
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Tell her to quit calling. If she persists, see a magistrate about a restraining order.
Answered on Mar 12th, 2013 at 5:40 AM
What you should not do, under any circumstances, is comply with the request to pay the store person any amount under the table. If you are asked that again, and do not have an attorney to discuss the matter with, simply tell her no and if the manager persists, ask for contact information for the person's supervisor or the owner of the facility.
Answered on Mar 12th, 2013 at 5:40 AM
Thomas Edward Gates
Retain an attorney. You are correct that she should go through her insurance company.
Answered on Mar 12th, 2013 at 5:39 AM
I would ignore her calls. Unless your son was acting recklessly, there may not be liability. It would cost her more money to sue you than the window is worth. If your son was reckless or negligent, for example running around in the restaurant maybe he could offer to work it off by sweeping up her parking lot or doing some manual labor for her. She probably would not agree since he is not at least sixteen. But it might be an opportunity to teach him some personal responsibility. You don't say how he tripped and fell. Was he hurt? If the restaurant had a dangerous condition, she might have some liability.
Answered on Mar 12th, 2013 at 5:39 AM
John J. Carney
Tell her to submit it to her insurance company. She will have to sue you and that will not likely work and she does not want to pay the deductible.
Answered on Mar 12th, 2013 at 5:38 AM
James Eugene Hasser
You are exactly right. You would only be liable for property damage for intentional and willful acts of your child up to $1000, but that's not the case here.
Answered on Mar 12th, 2013 at 5:38 AM
I don't think there is much else you can do. Even though it was an accident, you would still be responsible for the damages your son caused. You can refuse to pay (because you just don't have the money), but you take the chance of the owner suing you in small claims court. One option is to pay for it in an installment plan that works for your budget.
Answered on Mar 12th, 2013 at 5:37 AM