question re: damage to property between roommates

[kmitchell88]

in illinois

roommate #1 accidentally spills a glass of water on roommate #2's laptop while they are out of the house.

roommate #1 replaces 2009 macbook with cosmetic damage (scratches/few keys dont work) with 2006 macbook in flawless cosmetic condition, and has a computer shop take the harddrive out of the old laptop and drop it into the new laptop. same hd capacity, all files/photos/music are saved.

roommate #2 decides weeks later the replacement laptop isnt up to snuff and demands either the exact model replaced or will take to civil court/small claims.

does roommate #2 have any leg to stand on whatsoever in civil/small claims court? keep in mind there is no real legal evidence that roommate #1 broke the laptop to begin with, other than the fact that #1 bought a replacement for said laptop.

 

[LdiJ]

in illinois

roommate #1 accidentally spills a glass of water on roommate #2's laptop while they are out of the house.

roommate #1 replaces 2009 macbook with cosmetic damage (scratches/few keys dont work) with 2006 macbook in flawless cosmetic condition, and has a computer shop take the harddrive out of the old laptop and drop it into the new laptop. same hd capacity, all files/photos/music are saved.

roommate #2 decides weeks later the replacement laptop isnt up to snuff and demands either the exact model replaced or will take to civil court/small claims.

does roommate #2 have any leg to stand on whatsoever in civil/small claims court? keep in mind there is no real legal evidence that roommate #1 broke the laptop to begin with, other than the fact that #1 bought a replacement for said laptop.

Come on, roommate 1 has admitted that he/she broke the laptop. Would roommate one intend to lie in court?

Other than that, I don't know enough about computers to judge whether or not an adequate replacement was made. Someone very knowledgeable about computers would have to answer that question.

 

[kmitchell88]

Come on, roommate 1 has admitted that he/she broke the laptop. Would roommate one intend to lie in court?

Other than that, I don't know enough about computers to judge whether or not an adequate replacement was made. Someone very knowledgeable about computers would have to answer that question.

of course #1 isnt intending to lie in court, this quitesion isnt about whats fair, its whether or not there is ANY legal case here whatsoever.

 

[Zigner]

We don't do homework.

 

[eerelations]

If the replacement laptop isn't as new as the damaged laptop, then of course the laptop owner has a case against you. And it will be the judge who will decide whether "fair" is relevant, not you.

 

[tranquility]

As to the homework, this sounds exactly like a question from a prior year. Deja Vue man. Didn't the professor do anything this summer? Aren't they supposed to update the material?

 

[quincy]

From 2012: https://forum.freeadvice.com/small-claims-courts-24/my-roommates-cat-destroyed-my-1500-laptop-do-i-have-case-579448.html

From 2011: https://forum.freeadvice.com/small-claims-courts-24/laptop-computer-damage-540218.html

From 2008: https://forum.freeadvice.com/civil-litigation-46/am-i-responsible-replacing-roommates-laptop-420645.html

From 2006: https://forum.freeadvice.com/small-claims-courts-24/laptop-damaged-who-fault-319874.html

Perhaps this should be made a "sticky."