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.
Both parties are negligent
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Thank you for your information!
-lasha07-
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12/15/2009 postreply
18:53:12