Both parties are negligent

You could argue that they assumed the risk, of couse. But it all depends on whether the state is comparatively ngeligence or contributory ngeligence state. If it is a comparatively negligence state (most of the states), the jury will decide which party is responsible for what percentage. Say the jury decides you are 40% negligent and the labtop's fair market value (note: not replacement value) is $1000, you would have to pay $400. But if you are in a contributory negligence state, as long as the other party is found to be slightly negligent, you would be off clean. I don't think with a Mac labtop it would come down to jury, but just lay it out there so you can have an rough idea.

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• Thank you for your information! -lasha07- ♀ (0 bytes) () 12/15/2009 postreply 18:53:12