<p>I know that when I used to volunteer at the high school for various events that involved extension cords, etc., it was explicitly understood that we needed to do whatever it took to secure any cords… usually that meant duct tape of some kind, and not just to keep the cord down, but to prevent anyone from tripping over it and falling. He created the hazard and he needs to learn a lesson now about the consequences of not being careful.</p>
<p>OP - I hope you’ve been able to reach your D before she meets with him. If not, I certainly hope she doesn’t fork over any money tonight. Please update us.</p>
<p>Let me start by saying that I agree-- your dau is not at fault. But let me throw a few other things in the mix. I am not sure I know where your dau is in school. Will she continue to run into theis bozo again and again, or will they rarely if ever cross paths? Is there a reason to compromise a bit, to throw in a little good will, just in case they end up a chemistry lab partners or something? Your dau isnt responsible, and he gets a new laptop out of the deal (though if his hard drive was toast he might have lost valuable stuff and is probably not a happy camper. Again, not your problem, really.). But your dau doesn’t sound like she wasnts to take the “he’s being a jerk so I should be too” approach. If she wants to feel good about how she handles the situation, and doesn’t want to have episodic pangs of guilt, then offering some money as a good will gesture is reasonable. He needs to take some ownership for what he did. I am waiting for some lawyer or mediator to chime in here. I have always heard, the sign of a good mediation is when neither side is happy. Each side gives a little.</p>
<p>Now, WashDad-- as for your suggestion. I would think the exact same thing. But if I shared the suggestionswith either of my kids, I would surely get a rousing retort of “awwwww, mommmmmmm”., and I would get a lecture on how silly I am being. Thats when I think to myself (but try not to say) " just you wait…"</p>
<p>I think a “counter-suit” is excessive and vindictive. Your daughter was not injured, so there’s just a lot of potential for ill-will there. Let them go to the student court, agree to abide by their decision. In the meantime, don’t pay a penny.</p>
<p>gosh, momneedsadvice, thats a bit strong. My take on washDad’s comment was that he was being a bit flippant, but to make a point- not to really slap the kid with a counter suit.</p>
<p>Well, at least take heart that the story, while still unresolved, was educational. I just emailed my S about what happened and advised him to be careful, not to be either the one who sits (stupidly) with a cord across traffic, or innocently trips on it. </p>
<p>I like the idea of a countersuit for emotional and time spent on worrying about someone’s carelessness. Obviously she is worried about the situation and if she should win in the defense, she should also be recompensed for that defense. </p>
<p>Your daughter should she lose, will pay up to $250, probably half since she already offered but was refused, and pay in emotion and time. Should she win she actually wins nothing other than relief from paying. Therefore she should countersue for pain and suffering. </p>
<p>The Jerk has no skin in this game since the computer is already lost. He can win with a judgement of $250 but loses nothing if he loses. Thus your daughter must inflict equal pain if he should lose - she wins.</p>
<p>If the facts are as reported, I can’t believe that the kid would have the nerve to blame your D for tripping on his cord. A THREAT of a countersuit might scare him away. There has to be a rule against “creating a hazard. . .”
I’m confident that the student court would find the guy completely at fault.
Do not offer to pay a cent. If he bothers her she should turn him in for harrassment.
Maybe she should start wearing a sling or wrist brace and tell him her parents have contacted their lawyers ;)</p>
<p>I vote for your daughter not being responsible. </p>
<p>A perfect example of why having insurance is needed for college students. For no more than <100, this ‘incident’ would have been covered and the negligent person (not your daughter) would have had to pay a deductible as low as $25.</p>
<p>I wonder is there was wireless access in that cafeteria. I know my son’s school has that. Battery power + wireless internet = no cords. Isn’t technology cool?!</p>
Inflict equal pain? Sounds like escalating a conflict for no reason other than to perhaps have a counter claim to balance the claim being brought against her. It is starting to feel like an episode of Judge Judy around here. I agree, I don’t think she is at fault, and atomom is right- he created the hazard. If she finds herself being bullied or harassed by this guy, she has even greater grounds for a complaint. I still think a little token good will contribution to his repair is kind. Not necessary, but kind. Maybe $50 max. And for that matter, who is to say his repair deductible is really $250? He should be willing to probvide proof.</p>
<p>Sueinphilly-
Many computer battery power is not very good. My h and my s both find that they have to travel with their power cords, as the power may run out at an inopportune time. But they are both careful not to cause a situations were people can trip over the cord.</p>
<p>Minimal fault on the part of your D (lawyer speaking here). Too much contributory negligence on the fault of the boy. Proximate cause was the cord being in a pathway (equal proximate cause to your D’s feet hitting it, at least).
Lawyer speaking here. No payment by your D. Express regret for the incident and sincere hope that he can get it replaced fast. Hard drive should be OK. Good it was insured!</p>
<p>Lawyer speaking here, too - the boy created the hazardous condition. </p>
<p>I too believe in mediation, jym626; however, as stated in the original post, D has already offered the “token good will” - she has offered to pay $125, not your suggested $50 max. There’s little room for negotiation.</p>
<p>I do think, however, that the countersuit is a bit much at this stage of the proceedings, although it’s a card she can hold in her back pocket. If any clothes have in fact been ruined, have her keep them in post-washing/cleaning condition for evidence.</p>
<p>And I still have the feeling that threatening to talk to his parents before paying (after all, it’s his parents’ insurance that has the deductible, and whose premiums might take a hit, so they should be in this loop) may make the whole situation disappear.</p>
<p>Seems to me the knucklehead who put your D and others in jeopardy by stringing a cord across a pathway should bear the burden here. </p>
<p>Just curious…is this type of policy no-fault? Will the insurance company pay out, regardless of who was at fault? If he is determined to be at fault, will they pay? Suppose these policies vary significantly. Who knows, maybe he’s just ready to upgrade his laptop??</p>
<p>It seems to me that she is already being bullied by this guy, if he is pressuring her to pay. I have a hard time imagining that he truly thinks this is her fault.
I am assuming that your daughter does feel regret and probably apologized immediately, which likely opened the door for him to blame her. Had she acted angry with him after tripping, ( “Geez, I almost fell on my face! Why would you put your cord across the path!”) before she apologized, he may not have been so quick to put the blame on her.</p>
<p>If he does continue to pressure her for payment, I’d suggest she tell him that she talked to her parents, and they are confused as to why they should pay. She should add that “they were very upset, worried if I had been hurt when I tripped.” She could say again that she’s very sorry about his computer, but that he would have to talk to her parents if he wanted them to pay anything.
Then she should give him your number.
I doubt very much you would be hearing from him. If he’s nuttier than I think and does call and ask for money, you could tell him that he should take it to the student court that the school has set up for this kind of thing.</p>
<p>If your daughter has already told him that you guys would pay half, it’s probably too late to change - he’ll take it and act slighted, but be secretly pleased, I’m betting. This young man sounds like quite a piece of work.</p>
<p>Your daughter could also check with Facilities on campus. They very likely have rules in place against stringing cords across public walkways (unless they are taped down in some fashion). That information will only bolster her case.</p>
<p>Like, wow. I am floored–and heartened-- by all the great advice. I wanted to wait until I actually talked to D again before I responded. We had our regular Sunday phone call last night. We got more details about the incident and came up with a battle plan. The cafeteria is large and has several smaller rooms off the main rrom the cord was strung across an obvious exit to one of the smaller rooms. D was geeting up to refill a drink and was not carrying a tray. It turns out that she never officially offered to pay half, so this dipstick still thinks she is on the hook for the whole amount. We agreed that she should invoke the Black Hat Clause. Both of our children know that if it will help get them get out of a sticky situation, they can portray us as horrible meanies. She is going to email the jerk and tell him that her parents simply will not shell out $250 until we talk to his parents, especially since the incident could have resulted in a horrible injury. She will tell him we don’t think this was all her fault (and maybe not even partly her fault,) and a parental conference is necessary. Just now, I forwarded this thread to her. I know she will appreciate all your support.
I agree with chevda that this young man probably wants to avoid telling his parents about his idiotic behavior. I admit I dread the parental conference, but all your advice, and especially the legal opinions, will help bolster my courage. It’s hard being so far away from her at a time like this. I know we probably should have told her to pay nothing from the start, but from 400 miles away we had a knee jerk protect-our-child reaction. Luckily, she is at a large state U where she might not see this guy for weeks on end, unless he chooses to stalk her. We’re going to try to avoid the legal system, unless he forces our hand. D is extremely articulate, and Mr, Jerk really doesn’t want to sliced and diced by the sharp side of her tongue in a courtroom. Y’all excuse me. I have to go adjust my black hat to a suitably menacing angle. :-</p>
<p>Good thing it’s a large university. I agree that there is some bullying going on.</p>
<p>I wonder what your daughter’s friends and acquaintances say about this. Students usually have a pretty well-developed sense of what is right and fair. I’m guessing most all would be on her side. </p>
<p>Good luck. I hope reasonable folks are involved in this entanglement (sorry!) and that the incident doesn’t ruin your daughter’s semester.</p>
<p>I agree with the other posters who say that your daughter was not at fault, and the young man created a hazard. I have one other small suggestion - add to the conversation that you (the parents) will need to speak to the insurance company to confirm the amount of the deductible, and to get their take on who should pay it. I’m guessing that their policy may not cover the laptop in this situation, where he was negligent (and even exposed the insurance company to a potential injury claim.</p>
<p>Am I the only one who is bothered that the insurance company will pay most of the cost of this kid’s negligent actions?</p>