Being Sued for Destruction of Property

[TheStar]

My question involves a relationship in the state of: Arizona

A guy I was dating says he is going to sue me for destruction of property. The property is a DJ board

I went over to his house because he promised to help me with a project for my photography class. Everything was going smooth and we were having fun. He started drinking and smoking. I didn't care about that as long as we got the project done. I let him know that I wanted to finish before it got too late because the project was due the next day and that I didn't want to be up all night. It was going on midnight and I still had a few photos to take. By this time he was high and drunk and apparently tired and annoyed. I guess he figured since I was at his house, I was wasting his time. So I kept asking if he could help me finish up so I can go home. He got upset, accusing me of rushing him. He started yelling, cussing and raising at voice, talking down on me like I'm the bad guy. When I tried to speak my mind and defend myself he would cut me off. Basically, he was on a drunken ramble and wouldn't let me get a word in edgewise. I got extremely upset and kicked over a stool. The stool hit the floor and nothing else. The DJ board was sitting on top of a coffee table. After more yelling I just went home. He didn't tell me about the DJ board until a few days later. I told him I didn't break it because the stool hit the floor. One of us would have seen something the moment it broke. With the DJ board on the table, it was impossible for the stool to break it. There's more to the story but I will stop it here because my main question is can he sue me?

He claims he recorded everything. I had no knowledge that he was recording. He was recording from a laptop in which the DJ board was sitting in front of. I was not in camera view when I kicked over the stool so that can't possibly be seen. I admit that I kicked over the stool (which didn't break by the way) but I did not break the DJ board. Does he have a case? I think he just trying to scare me but I need to know just in case. He sent me a text saying that he submitted the video to his attorney.

[Mr. Knowitall]

Can he sue you for kicking over his stool and supposedly breaking it? Yes, he can. If he does he will have to prove by a preponderance of the evidence that you are responsible for the claimed damages.

[TheStar]

Can he sue you for kicking over his stool and supposedly breaking it? Yes, he can. If he does he will have to prove by a preponderance of the evidence that you are responsible for the claimed damages.

No, not the stool. He wants to sue for the DJ board.

[jk]

No, not the stool. He wants to sue for the DJ board.

same answer but substitute DJ board for stool.

[TheStar]

So if this does end up going to court, would it be his word against mine? I understand the preponderance of evidence but what do you think would be the outcome of this? I know in my heart that I didn't break the DJ board and apparently in his heart it's the opposite. I just can't bring myself to trust a drunk person. After I left that night he had another girl over. Anything could have happened!

[jk]

It could come down to the veracity of the parties. So, don't piss off the judge. Don't lie to the judge. Answer questions that are asked. Don't embellish.

after that, it's up to the judge

[Dogmatique]

And hope that he doesn't actually have a recording of you contributing to the destruction of the board.

Knowing in your heart, if you're a bit hazy about what might have happened, and having recorded evidence to the contrary are two different animals.

[TheStar]

I remember the incident clearly enough. I mean one of us would have seen something the moment it broke (a button pop off or something). His accusation just bothers me because he didn't tell me about it until a couple of days later. He didn't seem ticked off about it. When we got into another argument and I told him I didn't want to talk to him anymore then he threaten me with a lawsuit.

He said he has it recorded (video) but he did so without my knowledge. Apparently that is ok in Arizona. But can he use that in court? If he can I don't think it would do much good as the incident was not in view of the camera (it was a laptop cam).

[jk]

damage does not have to be visible. Ever drop a cellphone in water? A lot of them won't work after that but there is no visible damage. If something internal on the dj board was damaged, it is just damaged as if it was something you saw.


if it is legal to record a party without their permission (haven't checked), then yes, his recording would be allowable in court. What is shown or not may be something you will just have to wait to see.