Legal Question in Civil Litigation in Louisiana
Am I financially responsible for a stolen item?
Cell phones are not allowed at my school and I confiscated one pending the parent's arrival to retrieve it. Before the parent arrived, the phone was stolen from my classroom. The parent demands I pay for the phone. The school says I am responsible because I did not turn the phone in to the office, which is an understood but unwritten policy. I believe that because I attempted in good faith to safeguard the item (it was in a closed drawer not generally accessible to students) I am not financially responsible. Who is right?
3 Answers from Attorneys
Re: Am I financially responsible for a stolen item?
The item was stolen from your custody which would very possibly make it your problem.
Re: Am I financially responsible for a stolen item?
Sticky situation....on the one hand, since it was in your possession, the knee jerk is that you are liable. But since you are an "arm" of the school board, then I believe they are liable to the parents IF ANYONE IS "LIABLE." Theft is theft, no matter where it happens. The thief is responsible and so I think the school liability insurance should pay.
Re: Am I financially responsible for a stolen item?
Sticky situation....on the one hand, since it was in your possession, the knee jerk is that you are liable. But since you are an "arm" of the school board, then I believe they are liable to the parents IF ANYONE IS "LIABLE." Theft is theft, no matter where it happens. The thief is responsible and so I think the school liability insurance should pay. The other issue is what responsibility the child had NOT to have the phone on campus, and therefore bears the ultimate responsibility for the fate of the phone.
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