Legal Question in Personal Injury in Illinois
I have caregivers for my elderly parents who have Alzheimer's. My mother's diet requires nutritional smoothies daily and I have an expensive Vita-Mix blender that is used to make them. One of the caregivers broke the blender by leaving a spoon in it. I had to buy a new one to replace it. I asked her to pay for it. Her husband contends that she should not have to pay for a new blender because mine was not brand new when broken. I advised both of them of the cost of the blender before purchasing a new one. I offered to let her buy the blender herself ( in case she could get a deal) and she said that I should take care of it and she would pay for it, whatever the cost. I researched several websites looking for the cheapest price. My mom's need for the blender would not allow for time to wait for a repair, if it was even possible. Am I wrong asking her to pay for a replacement?
2 Answers from Attorneys
Your caregiver is not required to buy a brand new blender.
In Illinois, damage to personal property (as opposed to real property like a house) is valued at 'actual cash value', not replacement cost. In other words, depreciation is considered, which means that age and wear and tear are factored in to the value of the product.
Technically, her husband is correct. It was not a brand new blender. However, I am not so sure that you could find a value of a preowned Vita-Mix. If you can, then that is what you are entitled to. However, that being said, the fact that she stated a willingness to pay for a new one may give you an argument for full payment. However, that would require reliance on your part, and my guess is that you would have purchased a new one regardless as any good and loving child would have done. Of course, you can always look for a new caregiver.
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