Damaged property by family

[Lance60902]

Ok, I'm torn and confused any help would be greatly appreciated. This is a petty matter but still....

My nephew and I traded property for a week, both items are gaming systems costing roughly $350 each. My nephew wanted to trade for a week and my sister consented. While in their possession my system was broken by her step son and she is not willing to replace it, pay for it, or even pay half or work out anything. She says I traded with her minor son and she is not involved. Her son takes care of things so it was no worry on my part. However, she wants their property returned and I am supposed to just eat the cost of mine. Is it legal for me to keep their property of equal value until mine is paid off? Would it be considered stealing? I know she will have to take me to small claims, or I her. Any info or advice is greatly appreciated.

 

[xylene]

Return the system and eat the cost.

Consider it a lesson. You know something about your sister now.

 

[Zigner]

Ok, I'm torn and confused any help would be greatly appreciated. This is a petty matter but still....

My nephew and I traded property for a week, both items are gaming systems costing roughly $350 each. My nephew wanted to trade for a week and my sister consented. While in their possession my system was broken by her step son and she is not willing to replace it, pay for it, or even pay half or work out anything. She says I traded with her minor son and she is not involved. Her son takes care of things so it was no worry on my part. However, she wants their property returned and I am supposed to just eat the cost of mine. Is it legal for me to keep their property of equal value until mine is paid off? Would it be considered stealing? I know she will have to take me to small claims, or I her. Any info or advice is greatly appreciated.

XBox One is <$300 brand new. PS4 is ~$350 brand new. What you're arguing over is a used gaming system worth less than $200.

 

[Lance60902]

Yeah I know it's an ignorant issue, was hoping for legal advice not moral advice. A similar scenario happened before where I as at fault and payed because she demanded. Yet roles reversed and it's this issue. I know it is petty, but I cannot afford to replace my property. I thank you both for your input and will most likely return the property and eat my cost.

 

[Zigner]

Yeah I know it's an ignorant issue, was hoping for legal advice not moral advice. A similar scenario happened before where I as at fault and payed because she demanded. Yet roles reversed and it's this issue. I know it is petty, but I cannot afford to replace my property. I thank you both for your input and will most likely return the property and eat my cost.

In this case, SHE is not at fault. Feel free to pursue payment from your Nephew

 

[Lance60902]

It wasn't my nephew it was her step child. Which she is responsible for, just as if my kids broke his, right?

 

[Zigner]

It wasn't my nephew it was her step child. Which she is responsible for, just as if my kids broke his, right?

Not very likely - and the fact that it's not even her child helps things even less.

 

[Lance60902]

Ok, so then if I allowed my girlfriend's kids to break theirs to be just as petty....
That's saying I have no responsibility?
Just a question by the way hahaha
I'm curious as to your answer.

 

[Lance60902]

Also I'm pretty sure that's now how the legal system works, if a minor damages property the parent/guardian has to pay for said damages.

 

[Proserpina]

Ok, so then if I allowed my girlfriend's kids to break theirs to be just as petty....
That's saying I have no responsibility?
Just a question by the way hahaha
I'm curious as to your answer.

My answer:

I'm getting so much second-hand embarrassment. Grow up.

 

[Zigner]

Ok, so then if I allowed my girlfriend's kids to break theirs to be just as petty....
That's saying I have no responsibility?
Just a question by the way hahaha
I'm curious as to your answer.

The difference is that YOU borrowed the unit. YOU have to return it in a not-broken condition.

 

[Zigner]

Also I'm pretty sure that's now how the legal system works, if a minor damages property the parent/guardian has to pay for said damages.

It depends on the specific facts, but that's generally wrong.

Not that it matters...your sister isn't the child's parent or guardian.

 

[Lance60902]

So they borrowed y unit, should it not be returned in proper working condition? He asked to borrow mine and asked her to switch which she had to consent to, making herself liable as well.

 

[Zigner]

So they borrowed y unit, should it not be returned in proper working condition? He asked to borrow mine and asked her to switch which she had to consent to, making herself liable as well.

Legally speaking, the boy is responsible. That's really all there is to it.