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Can I be sued over a couch?

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U

unravelui

Guest
Hi. I'm from Illinois.

I was a guest at a friend's (E) house last year (either August, September, October - if there are any statutes of limitations or anything) and she and I were both sitting on her couch. I got up to get a drink and came back to sit down. As I was sitting down, there was a cracking noise. We made a perfunctory examination of the couch after hearing it, but everything seemed fine.

The next day E e-mailed me with an e-mail saying that the couch was broken and that she and her roommates had decided that I was responsible and had to pay for it. I said "OK, we'll work this out" since my uncle is an upholsterer and could either tell us how to fix the couch or come and fix it himself for me. Another friend and I went over to examine the couch and found that there was one piece of wood inside the couch that had broken, and the entire frame of the couch was made of substandard pressed wood (cheap furnishings in a furnished apartment).

A week later, E called me and told me that since her guests had nowhere to sit, she had given the couch to her landlord to fix without my approval. They ended up being charged $300 to fix that one piece of wood - the friend I had come with before returned with me and checked the couch out to verify that. I thought that this price was outrageous, and said I was going to go talk to the landlords, but E forbid me to do so, saying that she didn't want to get on their bad side.

So through all of this, E refused to let me make any decisions about how to remedy the situation, but still wants me to pay for the couch. I'm not on her lease; she is ultimately responsible for the couch; I was a guest; she refused to make this situation easier for me. Does she have any legal grounds to sue me for the money?

Thanks in advance for any advice. :)
 


JETX

Senior Member
No. Tell your soon-to-be 'ex' friend to tell it to the judge. Unless the damage was caused 'with malice' (you weren't jumping up and down on it, were you?) or 'by negligence' (you were smart enough to not leap at the couch, right??), you are NOT legally liable for the damage to the couch.

Remember, in court they will have to prove their case. That means that the damage did not exist before, that the damage was not a manufacturing defect, that the damage was not normal 'wear and tear', that you 'caused' the damage and that you have a legal liability for its repair. I believe it would be extremely hard for them to prove their case.
However, lets not forget that you did yourself some serious damage by admitting liability with your statement, "OK, we'll work this out". With that 'admission', you have made it much easier for them. IF that comes in, you might be able to counter some of its damage by claiming that you were willing to HELP resolve this for the 'good of the friendship, but felt you had no legal obligation to do so'. And the fact that the proceeded to remedy THEIR problem without your involvement negated any 'possible' responsibility that you 'might' have incurred by your admission.
 

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