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Who is Liable for Kids actions?

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Mad at Juvenile

Junior Member
What is the name of your state? Texas

Recently we had two juveniles break into our home and do about $20k worth of damage. Insurance co will cover most -- but not all. If I file in small claims court, who should I name as the responsible party -- the juveniles or their parents? Can I sue both families for the $5k maximum since they were not related?
 


BelizeBreeze

Senior Member
Sue the kids AND their parents but if you try to sue for more than your expenses you most likely will NOT be successful.
 

Mad at Juvenile

Junior Member
Not More than actual expenses...

Just what the insurance co doesn't cover -- like my missed time at work since now I have to baby-sit the contractors repairing my home, and the difference in cost of floor and property -- since the insurance co will depreciate items that were a little older - it still doesn't mean that I could replace them for that cost.

Doesn't this sound logical? Would suing both sets of families for the same $5k mean that they would each have to pay the $5k or that they would split it? (Of course, assuming that I would win the case.)
 

BelizeBreeze

Senior Member
Mad at Juvenile said:
Just what the insurance co doesn't cover -- like my missed time at work since now I have to baby-sit the contractors repairing my home,
Not recoverable.
and the difference in cost of floor and property -- since the insurance co will depreciate items that were a little older - it still doesn't mean that I could replace them for that cost.
Also NOT recoverable since even without insurance, the court would have also depreciated. You are ONLY allowed to be made whole in exactly the same condition as you were before the incident, NOT to be made better.
Doesn't this sound logical? Would suing both sets of families for the same $5k mean that they would each have to pay the $5k or that they would split it? (Of course, assuming that I would win the case.)
You haven't yet shown that you have $10,000 in damages. THAT is what you sue for, not some arbitrary figure.
 

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