statute of limitations

[grendel_50]

My daughter's purse was in the school office and she identified the purse and the contents to the principal and he said yes it is in the offce. He ask her to come back after school to pick it up. When she returned another teacher had given it to another girl without her having to identify it. This happened 7 Sep 01 and I'd like to wait until after the school year is over to pursue this matter in a small claims court.

 

[JETX]

Yes, that claim will still be valid this summer, but I doubt that you have a case.

What would your claim be?? What you have is a 'gratuitous bailment' and, unless you can show that the error in releasing the purse was malicious or negligence, you probably don't have a valid cause of action.

But, that is the purpose of Small Claims court and no one knows what will happen.

 

[grendel_50]

my childs purse was in the hands of teachers and responsible adults. she went to the school office to retreive it and the principal had her describe it and the contents. she did and he said we have your purse but pick it up after school,ms. reese has it ms. reese is the vice principal. after school my daughter went to ms. reese and she told her she had already given it to another little girl. i called ms. reese and she said she was sorry but she gave it to a cute little 7th grader.iask her if she had the girl describe the contents and she said no maybe i should have. i then told her i was holding her responsible for the cost and she said she would not pay anything. thank you for your advice

 

[JETX]

That all sounds real good... however, I wil bet that it will 'change' drastically when it comes to your taking this issue to court.

How 'valuable' could a 7th graders purse be anyway??? And lets not forget HER responsibility for losing the purse in the first place.

Bottom line....
The school has NO requirement for safe-guarding your childs property over and above 'normal' practices. Granted, it sounds like 'Ms. Reese' screwed up in not returning the purse to the correct person, but does that create a 'legal obligation'?? I don't think so.

Here are your options:
1) Spend a lot of money and ordeal pursuing this issue in the courts with little chance of success.
2) Try to find out who the 'cute little 7th grader' was and try to recover the purse.
3) Hold your daughter responsible for losing the purse in the first place.
4) Learn from this 'experience' and go forward with life.