My question involves small claims court in the state of: Ohio
A few months ago I allowed my daughter to invite some friends over for a birthday slumber party about ten girls showed up. As the night went on one of the girls brought out a Galaxy SIII and started showing it off (I had no idea she had the phone)... It had some nice flip cover and looked pretty new.
I noticed throughout the night she would leave it out on the breakfast nook (In hindsight I should have told her to put it up) I honestly didn't think anything of it. Fast Forward to the next morning and it ends up missing.
I tore the place apart had all the kids empty their packs and went so far as to accuse my brother in-law of taking her phone... big mistake I still have a shaky relationship with him from this point forward he has denied taking it and is very insulted I accused him of it...
I asked a few of the girls parents to be on the look out as they left but I never found the phone. I spoke with the mother later that afternoon and told her what happened. She tells me it was a new phone and she would not use the insurance on the plan for one reason or another. I said well they look to be about 350 on Craigslist I'll keep checking the site and hope something cheaper comes along because I can't afford that for a phone... I only said this because I felt horrible it happened.
Fast forward to the first meeting with the parent at a school concert. I told her I could not afford anything more then 100 dollars and had discussed it with many friends who said I shouldn't even pay that. She complains and talks about how my daughter told her daughter I thought perhaps my brother in-law took it... I tell her I have no proof of anything and have ruined a relationship asking about it so she says "ok, at least its something" She never calls I don't follow up on it myself...
I see her today at a second band concert for my daughter, she sat back and gave me the stink eye after the show was over. I walk over to her and sit down next to her and tell her to swing by my house later that week so she can pick up the $100... she says "I'm going to sue you for $400" and continued to say she had a witness who heard me on speaker phone say I would pay the full amount of $400... Which I never said
However, she then said she spoke with the courts and they told her the case was solid and continued to tell me how I agreed to pay the full amount....
SO my question is how legit is her case? Can she really sue me for the lost phone?
Basically the daughter brought the phone into my house with out permission and someone I have no idea who stole the phone while it was on my property how liable am I for this child's crazy expensive phone?