Broken Table at a Party (almost a broken head)

Status
Not open for further replies.

kitascredit

New Member
Thanks for your help with this...My husband to be and I were at a party where I was designated driver and he and the new couple we just met played some darts at a bar and then they took us to their friends house. Where that friend proceeded to get everyone lit and had loud music on parting in garage turned game room. Everyone was up and dancing and all of the sudden my future husband came crashing down on this guys table. The coffee table did break and he said to the guy (whos house we were at that he would fix it -well he had been drinking and is no carpender) so the guy demanded $100.00 right then and there - well we are broke and there was no way I was letting my man pay $100.00 for a yardsale appearing coffee table. It was very dated (not a good kind of antique dated - but a bad kind of old used and passed down dated). There were buckles everywhere on this table. The next day the guy left me a voicemail stating that he wanted now $200.00 to buy a new table. Of course my answer is still no. Meanwhile I drove to three thrift store in the area. I got almost the exact table as they were looking for...it was light oak, it just did not have the bottom that their table had (sorta a bottom shelf)...but it was in way better shape on top than the table that was previously broken. I also brought a nice coffee table that did not match, but it was way nicer with two nice glass peices (nothing broken chipped anything) and it was a darker wood. So we drove 40 miles + round trip and brought the tables, well they took the lighter colored table and said they would use it until we paid for their new table on Sunday (this was the Tuesday before). We I posted two ads on craigslist looking for anyone that had this exact table and no -one responded to my ads even with a picture posted on it so my future husband called the guy today to say we looked for the exact table to get you, and we could not find it I am willing to mail you a $50 check today, now the guy says he is going to sue us for the table and court cost etc. Now we are not suing types of people...but isn't is so that my husband to be could complain of neck, back and sholder pains and sue this guy for falling on his property? Not that we would - but we just want to tell this guy he has a loosing case. Please let me know your thoughts. Appreacate your time. Have a great day and I look forward to hearing from you.
 
Apparently, this is a trip and fall case. This accident can be a ground for premise liability claim especially when the establishment did not post anything so customers or visitors can exercise extra caution. If the accident happened, for example, in a restaurant, the restaurant owner or the operator can be held liable under the law for compensation for the injured customer.

Another common example which illustrates premise liability is exactly like your case - an accident that took place while you are visiting a friend or colleague's house. You suddenly figured in an accident because your friend left an open electric cable wiring in the floor or left a misplaced appliance where you bumped and hurt yourself. You are entitled to be compensated because your friend has been negligent in the eyes of the law.

But yours is an entirely different kind. Did your husband to be fell because he was drunk? If so, you may have a hard time proving premise liability.

-----------------------------------
For Honest Legal Opinion
 
First of all - if this guy is going to take you to court it is going to cost him more to file than the table is worth. Secondly, he has to prove to the court that the table was worth $100 which means that if he decides to take you to court, the burden of proof will fall on him. Finally, if he goes ahead with the threat, you can tell the judge that you were willing to find a replacement, but the guy was just determined to get the cash for it. The fact that your husband was not injured has nothing to do with the replacement of the table.
 
Status
Not open for further replies.
Back
Top