Small Claims

[Gibby]

What is the name of your state (only U.S. law)? Texas

My son brought his ipod to school. It was confiscated by the Asst. Principal. She sent me an email explain to me that should would be placing the ipod in the school safe, and that he could pick it up on the last day of school. On the last day of school my son went to pick up his ipod. It was gone! The Asst. Principal's reaction was, oh well, he shouldn't have brought in the first place. According to them they are not responsible if it disappears. Is this true. I contact the Principal and the Superintendent. I got the same reaction. As a matter of fact, the principal's reaction was pretty hostile. Basically, she said if they find it they'll give us a call, if not, oh well--he shouldn't have brought it in the first place. Can I take this to small claims court? Do I have any rights in regards to this?

 

[sandyclaus]

Yes, They're Liable

What is the name of your state (only U.S. law)? Texas

My son brought his ipod to school. It was confiscated by the Asst. Principal. She sent me an email explain to me that should would be placing the ipod in the school safe, and that he could pick it up on the last day of school. On the last day of school my son went to pick up his ipod. It was gone! The Asst. Principal's reaction was, oh well, he shouldn't have brought in the first place. According to them they are not responsible if it disappears. Is this true. I contact the Principal and the Superintendent. I got the same reaction. As a matter of fact, the principal's reaction was pretty hostile. Basically, she said if they find it they'll give us a call, if not, oh well--he shouldn't have brought it in the first place. Can I take this to small claims court? Do I have any rights in regards to this?

The fact that your son brought the iPod to school against school policy is irrelevant. The school assistant principal took responsibility for the care and control of the device when they confiscated it from your son. The fact that they utilize a locked safe to store the items in (rather than just an unlocked drawer or box) demonstrates their responsibility to protect the items from loss or theft while in their possession.

Clearly SOMEONE on the school staff either gave the iPod to someone other than the rightful owner, or downright stole the item that they held for safekeeping. Since you had no choice as to whether or not to reclaim the item until now (again, school policy), then you had no control over the item and could not keep it from being lost or stolen once they had it in their possession.

Write a firm but direct letter to the school, school administration, and superintendant (certified, return receipt requested) that you will not tolerate their failure to be held accountable for their loss of your son's property, and state to them your intention to sue for the value of the iPod of they do not reimburse you immediately.

Sounds like this may be a bigger problem that the school administration refuses to handle, and they are just trying to see how far you'll push before doing the appropriate thing. Don't back down!

 

[Zigner]

But then that nasty little release you likely signed at the beginning of the year is going to come back to haunt you...