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  1. #1
    Join Date
    Sep 2007
    Posts
    14

    Default Charging A Student For School Property That Broke

    Los Angeles County, California

    I am in my senior year at my high school. I am a photographer for my school's yearbook, and on the first day of school I was assigned a camera, a Cannon Rebel XTI with a 18-55mm lens. When I got it, it was brand new and the school had just gotten it.

    It has worked just fine all year until this week. The lens has stopped focusing. I have taken good care of the camera; I haven't dropped it, had it come in contact with water, had it damaged, etc.
    I contacted Cannon, and they said that it has a 1 year warranty, and the lens could be shipped in for repair covered by the warranty. However, I can't send it in because it isn't my camera.. I don't have the receipt or the box it came in or anything like that.

    I went to my yearbook instructor today (who assigned me the camera) and told her my camera was broken. She replied "well, it's checked out to you". I told her it was covered under warranty because it was something that I didn't do, and she said the same thing. I told her that it needs to be shipped back, and she won't help me with it (Won't have it shipped back or give me the receipts to have it shipped back).

    However, even if I do get the paperwork required to send it back, It can't be repaired and given back to me in time to be turned in to the school.

    So, If I don't turn it in because I don't have it, They charge me for the camera and I don't get to graduate until I pay it.
    Or, if I return the camera broken like it is, they will still charge me for the whole camera (about $1,200), instead of just the cost of the lens (about $150).

    And, I can't graduate in May if I don't pay it off.

    What can I do?
    Even though it was checked out to me, I don't feel that I should be responsible for its repair/replacement. I can understand if I dropped it and it broke, or if I did something to it to make it break, but it broke because of a manufacture defect..

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,638

    Default Re: Charges to a student for something that broke

    Take it up with the principal, or have your parents do so.

    Obviously, if you can't get anywhere, you can also replace the lens yourself for the $150 and return a "working camera". That would be a last resort, but it sure beats paying them $1,200.

  3. #3
    Join Date
    Sep 2007
    Posts
    14

    Default Re: Charges to a student for something that broke

    Quote Quoting Mr. Knowitall
    View Post
    Take it up with the principal, or have your parents do so.

    Obviously, if you can't get anywhere, you can also replace the lens yourself for the $150 and return a "working camera". That would be a last resort, but it sure beats paying them $1,200.
    I asked if I could just buy a new lens, and she said no because the serial numbers wouldn't match up.

    I'm going to have to talk to the principal.. My parents didn't want me to have the camera in the first place. Now, after all this, I can't blame them!

  4. #4
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: My School Is Charging Me For Something That Can Be Replaced Under Warranty....

    Go up the food chain to the next higher person.

  5. #5
    Join Date
    Sep 2007
    Posts
    14

    Default Re: My School Is Charging Me For Something That Can Be Replaced Under Warranty....

    Quote Quoting seniorjudge
    View Post
    Go up the food chain to the next higher person.
    I did that today, and went to the principal. She said it's my responsibility since it broke while it was checked out to me.

    I'm starting to become a little frustrated.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,441

    Default Re: My School Is Charging Me For Something That Can Be Replaced Under Warranty....

    Have your parents start advocating on your behalf, and if necessary go to the school board.

  7. #7
    Join Date
    Feb 2008
    Posts
    575

    Default Re: My School Is Charging Me For Something That Can Be Replaced Under Warranty....

    Quote Quoting x4words
    View Post
    I'm starting to become a little frustrated.
    Understandable. And honestly, it is unreasonable to expect a student to pay for a replacement when a repair required due to a manufacturing defect that surfaced under normal use is covered under a warranty - especially considering you were using the camera while participating in an authorized school activity.

    As others have said: Go up the food chain. And even though your parents didn't want you to have the camera in the first place, your parents now need to be involved in politely but very firmly stating that neither you nor they will be held responsible for a manufacturing defect covered under a warranty, simply because someone in the school system doesn't want to(get off their butt and)do their job and send it in for repair. They need to go to the principal, superintendant, school board, etc in order. Certified mail often works wonders when bureaucrats are uncooperative. So does going beyond the school system to executive officials such as councilmen, mayors, etc. Elected officials can be very helpful. They don't like seeing their name in the media linked to some kid getting shafted because they didn't act to correct an unfair situation.

    I'm a parent and have two still in high school, and I definitely let my kids take their lumps when they deserve it, but I'd fight all the way for them on something like this, including going to court if necessary. I don't like seeing young people get the message that they should roll over simply because some government functionary is on a little power trip. Wrong message. You learn to stick up for yourself in this world or you'll go through life getting **** upon on a regular basis by such people.

    Just to ask a few questions as well.

    1) How old were you when you were "assigned" the camera?
    2) How old are you now?
    3) Did you sign for it(and your age when you did so), or did your parents sign as well?
    4) Other than being responsible for losing or intentionally misusing the camera, were you ever told that you would be liable for a manufacturing defect, especially one covered under warranty?

  8. #8
    Join Date
    Sep 2007
    Posts
    14

    Default Re: My School Is Charging Me For Something That Can Be Replaced Under Warranty....

    Quote Quoting 4eyedbuzzard
    View Post

    1) How old were you when you were "assigned" the camera?
    2) How old are you now?
    3) Did you sign for it(and your age when you did so), or did your parents sign as well?
    4) Other than being responsible for losing or intentionally misusing the camera, were you ever told that you would be liable for a manufacturing defect, especially one covered under warranty?
    1) 17
    2) 18
    3) The only thing I signed was a card that said that looked like it came out of an old library book. At the top, it only said the make of the camera and the serial number
    4) Nope. To be honest, I don't even remember being told about being liable for anything.

    And, my parents didn't sign anything for me to have it either.

  9. #9
    Join Date
    Feb 2008
    Posts
    575

    Default Re: Charging A Student For School Property That Broke

    Sorry, missed your reply...

    As there is no express language stating the terms of using the camera or how damages are to be handled, it is only reasonable that if a manufacturer's defect covered under warranty occured during the course of use while you exercised reasonable care, that the owner(the school) should assume responsibility for their remedy under the terms of the warranty. Add to that you were a minor and your parents didn't sign anything when the camera was initially signed out to you. There is a minor point in their favor that upon turning age 18 you ratified an implied contract/agreement of some sort, but it's a real leap given the total circumstances.

    Hope it all worked out well for you

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