Arizona Property Damage: Broken Window

My question is regarding a damage claim that a neighbor who has moved out of state wants to bring against me for $250 for a broken window.

The situation is this. He has a small back porch but had a very large patio table with 6 or so chairs. I was invited over to his house and we all went out back to sit on the porch and talk. Everyone sat down in a chair including me...the only problem was the back of my chair had been pushed up against the window. When I sat in the chair and leaned back the window cracked...pretty much from top to bottom...it was a large crack.

At the time, he said don't worry about it insurance will take care of it...they were selling their house and were in the middle of a divorce at the same time.

Now, almost a year later, he has decided he wants me to pay for the window and claims that insurance wouldn't pay for it due to a $500 deductible and that it cost him $250 to fix it and he wants me to pay for it.

My question is the obvious one...am I liable? I didn't put his chair in that position...I just sat in the thing. And second, he didn't notify me when he fixed it. He didn't get multiple quotes, or any of the other rigamarole, but he says he has a receipt for the work.
And finally, he didn't even try to contact me until well after the fact instead of letting me know at the time that insurance wouldn't pay for it...



note: i reposted this to a more appropriate forum...I think...apologies if this was not the right thing to do...

Is it because this is a tough issue that no one has replied? Anyone?

he has already moved out of state? is he planning to come back to arizona to sue you for $250?

Offer him half and get a written release.

Thats not the issue...if i'm at fault then I will pay for it. But i'm not sure i'm at fault...? If a host leaves something in an unsafe condition (unsafe to the window in this case) and a guest doing what he was invited to do with no negligence or even intent to do damage runs afoul of that condition, is there liability?

denizen said:

Thats not the issue...if i'm at fault then I will pay for it. But i'm not sure i'm at fault...? If a host leaves something in an unsafe condition (unsafe to the window in this case) and a guest doing what he was invited to do with no negligence or even intent to do damage runs afoul of that condition, is there liability?

Click to expand...

My response:

I rather doubt you're going to see or understand that it was you who was negligent. "Negligence" is based on the "reasonable man (person)" theory; i.e., that a "reasonable man" would have inspected the chair and it's immediate surroundings for potential dangers, seen and recognized those dangers, and would have appropriately moved the chair prior to sitting to make it safe to sit. It is of no moment that your host placed the chair where it was placed. It is up to you, the user, to inspect what you're sitting on.

"Intent" is not an element of negligence. That's why it's an "accident" - - no one "intended" to cause damages.

You're on the hook, 100%.

IAAL