Legal Question in Civil Litigation in Ohio
My 17yr old daughter drives a Honda Passport suv. A friend of hers was attempting to close the rear door---and because she closed the glass BEFORE she closed the door the glass broke. (when the glass is shut 1st--the glass overlaps the door area. So if you close the door while the glass is down, you are closing the door on top of the glass)
Would the friend be liable for the repair of the window?
The mother believes both are responsible and will only pay half. She states that her daughter was asked to shut the door, so it's not her fault. (others in the car says she volunteered to close the door--not sure if this matters?)
-is there any other information that is needed? We reside in Ohio & I'm not sure if this is something I can take to small claims court, or is the other person liable for part..or not liable at all?
1 Answer from Attorneys
If you chose to pursue it, the owner of the vehicle can file a small claims case against the glass breaker. Without knowing more (had she opened the door/glass before, is it clear that they overlap, was she warned, etc.) I cannot tell you whether she is actually negligent or not in what she did. This is something that could be decided by the court. However, you should think about the costs involved--there is a filing fee involved, as well as possible time off of work, etc. Is the cost and stress actually worth the effort, especially if the other parent is willing to pay half? I cannot give you specific advice online, and cannot tell from the facts that you gave whether the other person was negligent. You can speak with an attorney in your area about this, but depending on the cost of the glass, that may cost you more than you could recover.
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