Legal Question in Civil Litigation in Florida
A guest came into my home and completely broke my sofa. He weighs 400+ lbs so, I directed him to sit on the sturdiest couch in the room. Later on that evening, when I got up to go into the kitchen he switched couches, taking my place and destroying the sofa into pieces. Is he fully responsible for the cost of a new sofa and if so, do I have to let him physically buy me a new one or is the money mine to do what I choose with it?
2 Answers from Attorneys
It sounds like the guest is responsible for breaking your couch. However, he is only liable for the value of the used couch which he broke - not the value of a new, replacement couch. If he gives you money for the couch, you can do whatever you want with it.
It sounds to me like you allowed him to sit on the couch and assumed the risk that he might break it, seeing as he is 400 lbs.
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