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Small Claims Courts : Suing or Defending on Your Own, Usually Without an Attorney
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  #1  
Old 06-07-2007, 01:43 PM
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cracked


What is the name of your state? Ohio

my husband agreed to help a friends daughter fix her laptop. the friend had her 16 year old grandaughter drop off the laptop at our house. the granddaughter handed the laptop to our seven year old daughter. (laptop was inside its carrying case) our daughter set the laptop down beside our couch. i then placed the laptop safely beside my computer desk. when my husband opened the case to the laptop three days later, he discovered that the LCD screen was cracked. after talking to the friend, she admitted that she had kept the laptop in the trunk of her car for two days before she delivered it to our house. during those two days the tempuratures reached at least 90 degrees outside so i'm certain it was extremely hot in the trunk of her car. LCD monitors can crack in high heat.
the friends daughter is now threatening to take husband to small claims court because she feels the laptop cracked while in our posession. the laptop was never mistreated while in our posession.
just wondering how this will be judged. plz reply. thank you!
  #2  
Old 06-07-2007, 05:25 PM
BL BL is offline
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I would say if you are sued , bring the facts up.

1) It was left in the trunk for a couple a days in extreme heat , that could cause a crack.

2 ) It was handed to a child to care for .

The owner didn't use due diligence , but you and your husband did .
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  #3  
Old 06-07-2007, 05:35 PM
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To answer your question about how the lawsuit would turn out...it sounds like you are fine but no-one can predict the future for you
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  #4  
Old 06-07-2007, 05:57 PM
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The plaintiff has the burden of proof. Tell the same story in court that you told here and create reasonable doubt as to your culpability. Then, hope that she admits in court that the laptop banged around in her trunk, in the heat for two days before delivery.
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