Damage to hidden camera, will I win this case?

[lawusername]

Hello,

I placed a hidden camera inside a small black garbage bag on a cabinet door to catch a thief in a shared accommodation house. The other party, removed this bag (not knowing the camera was inside) and damaged the camera, claiming that the bag posed a fire hazard. The cabinet IS above the stove of the kitchen, however I don't think it was a fire hazard and I would like him to pay the cost of replacing the camera. (My argument is that even if it were a fire hazard, he should have notified the landlord or removed it in a way that would not cause damage and he is liable to pay.)

In addition, his credibility about fire safety is questionable as he smokes inside the house, operates an electric heater inside his small bedroom, sets-off the smoke detector almost every time he is cooking, leaves unwanted television sets in the Fire Exit path and there are many other
hazards in the house by other people that he has never complained about, to the landlord or anyone.

I would like to know, if in your opinion I would win this case against him in a small claims court.

Thank you,

Kaveh Fallah-Tafti

 

[army judge]

You have no proof, other than his alleged admisdion to you.

Only an idiot would repeat that in court, if it meant he'd lose the case.

Expect the person's story to change in court. If it does, you won't win. If it doesn't, you might be able to prevail.

 

[lawusername]

Oh, the camera was recording, so I can present that as evidence. (It shows him taking it down.)

 

[Michael Wechsler]

Does evidence make any difference? Why should this person be liable for the broken camera? Under what theory? He wasn't negligent. He thought it was just a bag and had no reason to believe there was a camera inside. His assumption that the bag might pose a fire hazard wasn't unreasonable.

Who do you think should bear the risk of loss here?

 

[lawusername]

That's what I think the problem might come from, otherwise his credibility is not good:

"he smokes inside the house, operates an electric heater inside his small bedroom, sets-off the smoke detector almost every time he is cooking, leaves unwanted television sets in the Fire Exit path and there are many other hazards in the house by other people that he has never complained about"

 

[lawusername]

Feel free to comment with any ideas that would allow me to win.

 

[mightymoose]

He had no knowledge of the camera. He does not owe you anything for removing trash from a common area. Had he entered your private area and caused damage that may be another issue. You put your property at risk, and you are the only one responsible for it. Sorry.