What is our Responsibility?, DS broke Laptop Screen.?
Question:
They had been playing with this child's laptop for the pior 3 days sharring fine. My ds commented he wanted a 'Webkins',
apparently they were going on-line.* (I figured it was a childs PC and the babysitter seemed ok w/ it.) I was under the impression it was a child's type toy Until day 4 when it was damaged, it was a "$3,000 toshiba widescreen laptop". (Why would the parent allow a child to bring an expensive toy to share w/other children in the 1st place.. )
Why wasn't sitter in room oversee activities of children (if online?) so disagreement did not "escalate to the point of my son's hand getting crushed against screen & keyboard?" Plastic screen crinkle that causes a black dark line when turned on - but still works.
Any suggestions on how I should proceed am I obligated?
What is are responsiblity?
Answer:
What you are faced here with is responsibility. Who is Responsible. Unfortunately there is no law against stupidity, so your arguement about the parent allowing the child to have a 3,000 lap top is out. Your next path is the sitter, Now this becomes troubled water, you have to prove the sitter was being negligent, Since you weren't there you are getting what is called hear say or secondary narrative. What I would do is sit down with all three parties, don't finger point, but try to determine if a three way split of the responsibility can be shared, Its an unfortunate incident, Best of luck. I hope this helps.
Although you can argue about the "why? of the situation, your child did do the damage. I'd first try and see if it could be repaired. If not, then you are on the hook for a new one. A tough lesson for all.
You are not legally responsible for the damage to the laptop.
If I understand this, the "babysitter" is running an unlicensed day care facility. That's where the real problem is. If the sitter had insurance that is appropriate to a daycare facility, it would respond under the "property of others" coverage. Maybe she has this coverage, but I would not bank on it.
A parent is not responsible for the acts of children, with limited exceptions when the child is acting out in the parent's presence and the parent does nothing, or when public property is damaged.
One who sends an electronic device to a day care facility with a ten year-old is assuming the risk that the usual and ordinary perils of that environment will imperil the device. "Assumption of risk" is a complete defense.
The other parents should inquire of their insurance whether they have coverage for the computer. My guess is that probably they don't, off-premises property usually is not coveed by a homeowners' or renters' policy. But they should ask. In the meantime, they have round objects the size of grapfruits if they expect you to do anything more than tsk sympathetically. What's more, if your description is accurate, the machine was damaged, not by your child, but by their child when s/he closed the machine on your son's hand.
they were both in fault the screen can be fix with used screen and both child parents should pay for the repair and if the don't what to pay for anything then you don't its not yours anyway and if they went to it would cost more then the laptop to be fixed!!
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