Legal Question in Civil Litigation in California

My son, Mark went to Oklahoma State University last year. Now he's back home in California for the summer. He had a friend of his who owns a horse trailer drive back his belongings. One of these was his bicycle which was lashed on top of the trailer, but below some other items. The trailer was also ferrying horses. Somehow, the bike was dislodged and ended up getting smashed beyond repair. My wife and I said that the friend should cover at least half the price of the bike. They gave him a bike that is probably worth maybe $150.00. His bike was almost brand new and he paid $1000.00 Who is liable in a case like this?

Asked on 6/17/13, 4:44 pm

3 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

Yu don't say who lashed the bike to the trailer but if your son did, your son is liable. if friend did you would either show this was ... Negligence per se or that friend some how was unreasonable There are some facts missing here and it is impossible to say...

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Answered on 6/17/13, 7:49 pm

Anthony Roach Law Office of Anthony A. Roach

The one that people think is negligent is the one responsible.

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Answered on 6/17/13, 8:25 pm
John Laurie Gertz and Laurie

Well that depends upon who secured the bike. Did your son ride back in the same vehicle that the bike was in? Need a few more facts. If your son who I assume is over 18 wants he can go to small claims court. You as parents of someone over 18 have no standing to sue as it was his property not yours.

This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter or retainer agreement hiring me or my firm.

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Answered on 6/18/13, 11:33 pm

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