• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Son broke a neon light, Owner wants $ to replace it

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

A

aliusa

Junior Member
What is the name of your state (only U.S. law)? New York

We were at a restaurant and my two year leaned against neon sign and broke it. The store owner told me I have to pay for it. At first he said $400 then I said I'm not paying you $400 without an estimate, then he said $200. I said sorry, "Give me an estimate..." So he's suppose to call me with an estimate. I'm glad my son was electrocuted or hurt by glass why would you have seating so close to a sign? Wouldn't he have insurance to cover this, anyway? Anyway, how should I proceed?

Thanks, Aliusa
 


S

Silverplum

Senior Member
aliusa said:
What is the name of your state (only U.S. law)? New York

We were at a restaurant and my two year leaned against neon sign and broke it. The store owner told me I have to pay for it. At first he said $400 then I said I'm not paying you $400 without an estimate, then he said $200. I said sorry, "Give me an estimate..." So he's suppose to call me with an estimate. I'm glad my son was electrocuted or hurt by glass why would you have seating so close to a sign? Wouldn't he have insurance to cover this, anyway? Anyway, how should I proceed?

Thanks, Aliusa
Click to expand...
Why do you think you are not responsible to replace someone else's property that was broken by your child?
 
Zigner

Zigner

Senior Member, Non-Attorney
Silverplum said:
Why do you think you are not responsible to replace someone else's property that was broken by your child?
Click to expand...
From a legal perspective...

Why do you feel that the parents would be responsible in this situation in the state of New York?


(Of course, from a moral position, the parents should absolutely pay.)
 
A

aliusa

Junior Member
I think you guys are missing what I'm asking... It's about not taking responsibility but the question is --

1. Should I go through my home owner insurance
2. Should the owner replace it first and send me the bill
3. Should the owner go through *his* insurance and I'd cover his deductible...

He gave me 2 different quotes with in the matter of 10 mins. So I'm not going to just pay him the money with getting some proof. And if only 1 tube is broken, I'm not going to pay for replacing the ENTIRE sign. In fact, there owner is negligent for putting a table right behind a neon sign.
 
LdiJ

LdiJ

Senior Member
aliusa said:
What is the name of your state (only U.S. law)? New York

We were at a restaurant and my two year leaned against neon sign and broke it. The store owner told me I have to pay for it. At first he said $400 then I said I'm not paying you $400 without an estimate, then he said $200. I said sorry, "Give me an estimate..." So he's suppose to call me with an estimate. I'm glad my son was electrocuted or hurt by glass why would you have seating so close to a sign? Wouldn't he have insurance to cover this, anyway? Anyway, how should I proceed?

Thanks, Aliusa
Click to expand...
I am actually leaning more in your direction on this one. Having owned a restaurant myself, I cannot imagine an owner risking the kind of liability involved in having a neon sign anywhere near where a TWO YEAR OLD could lean on it and break it.
 
M

Mass_Shyster

Senior Member
aliusa said:
I'm glad my son was electrocuted
Click to expand...
Did you forget a word in there?

Also, some jurisdictions claim that a minor under a particular age is presumed to be incapable of negligence. I don't know if New York adheres to that.

If there's no negligence, there's no recovery. (Assuming it was not intentional)
 
A

aliusa

Junior Member
Stevef said:
Did you forget a word in there?

Also, some jurisdictions claim that a minor under a particular age is presumed to be incapable of negligence. I don't know if New York adheres to that.

If there's no negligence, there's no recovery. (Assuming it was not intentional)
Click to expand...
:) "not"

What do you mean not-intentional? Are referring to act of the child? I don't think the child intentionally wanted to break the light.

Should I pay an "estimate" or should I pay after it's been fixed?
 
justalayman

justalayman

Senior Member
the not was referring to your use of the term electrocuted. He was NOT electrocuted, correct?



TWe were at a restaurant and my two year leaned against neon sign and broke it.
Click to expand...
were you seated or was your son wandering about the restaurant and over to the window and the sign got broken?
 
A

aliusa

Junior Member
justalayman said:
the not was referring to your use of the term electrocuted. He was NOT electrocuted, correct?





were you seated or was your son wandering about the restaurant and over to the window and the sign got broken?
Click to expand...
It was a private party at the restaurant. We were seated. The light was on a window and had a curtain but the curtain was pulled back little exposing the sign.
 
O

OHRoadwarrior

Senior Member
I suggest you call a repairman and ask for a phone quote. If you were in NJ, as I recollect there is one in Elizabeth, by the Swan on US1.
 
Zigner

Zigner

Senior Member, Non-Attorney
I am not at all convinced that the OP has any legal responsibility to pay for this. However, the OP seems to want to do what s/he feels is the "right" thing. Yes, definitely ask for estimates on the repair of the clock.
 
justalayman

justalayman

Senior Member
based solely on what I pull from my nether regions I see no liability since the store operator is responsible for taking due care in providing his patrons with a safe place to eat. Since a neon light is a fragile item and placing it in a place that would reasonably be expected a person may lean, not only would the patron not be liable but if the child was injured, the store operator may be liable for damages caused by the operators negligence.

The operator has breached their obligation of their duty of care.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top