Wwyd?

[joyfulnet]

I would replace it, because it's not worth damaging a relationship over and all signs are really pointing to the fact that your son probably damaged it. Now I don't think that she should have allowed a 7yo to play with the things alone, but I would STILL go ahead and just replace the game and move on.

 

[disneymarie]

Thanks for replying.

Does it make it a different situation if I mention that we are a family of 5 on one income (I stay home with our 3 kids and go to college part-time) and make nearly 3 times what we make? It's not that we CAN'T replace the game, because I would feel obligated to if I truly knew my son damaged it, but it puts a big dent in our weekly budget to have to buy another game.

Seriously, if I knew that he broke it, I would have replaced it already. But although he has been less-than-responsible lately, he's never broken a game or DVD or CD here at all.
.

Since it was used, I would only look at Game Stop, or Ebay for the game. I would not replace with a new one.
As he is not reliable with the games at home, it is more likely that you ds was responsible then the 3 year old.

But I do not think that a new one is called for.

 

[hambirg]

I'll be honest. .. .I'm kind of surprised by the responses of some of the posters here. Really? You would "assume" responsibility for something you are not sure of? I guess it's just the business owner in me. We have had people come at us with all kinds of crazy stuff. My ex was a painting contractor. There really are people out there that just want to swindle you (not saying that is the case with the Dsis, she may very well think that the nephew did it, but that doesn't mean a hill of beans! And it certainly doesn't make it true!).But at the very least, there are people that are unwilling to take responsibility for their own actions. We had a customer that claimed we broke all 7 of her outdoor lights. Now, yes, sometimes they do get broken. And of course, we replace those. We are not "upgrading" your lights though. (Hint: the Dsis is not entitled to a "new" game to replace damage to a used game.) This woman was sooo adamant! Well, I'm sorry your lights are broken. . .but we have a crew of 4 guys that say they didn't break any lights. .. you would hear the glass breaking and know. So we told her we would need to come to take pics. . sure enough, all 7 lights were smashed. Does that mean that since we painted her house that we should "assume" that we broke them even though our crew was telling us they didn't? And you know what? A neighbor came out and told us that he heard some noise a few nights before. .and the LUNATIC was out there smashing all her lights in the middle of the night with a baseball bat!!! Too bad so sad for you Crazy Lady! Last time I checked you needed more than some really crappy circumstantial evidence to prove something. And that's what we have here. Just really crappy circumstantial evidence. So Dsis needs to suck it up and learn her lesson! Ultimately she was responsible for a minor in her care. . .and she failed! There is not a court in the land that would support her claim of damages! I do understand how some of you are coming at this. . just pay to keep the peace. But what kind of precedent does that set? Next month there is another game that doesn't work. Are you liable for that one too? Where the h*ll does it end?? Do you now have to replace every game that your son may or may not have touched? It's crazy talk! My DD14's friend broke a glass at my house on accident last weekend. Do I get to call her mom and demand an entire new glass set now?! It's called jurisprudence people! What would a reasonable person think. I think that an adult would have enough sense to know that they might need to supervise a 7yr old! And if they don't. . then they need to learn the hard lessons of life. I'm so sorry your game was damaged but you were the one who was negligent, not the child!!!

For those posters that say just "assume" responsibility because you say he had been careless at home. If you came out to the parking lot at Walmart or Target and their was somebody standing next to your car with their tail light smashed out. . .would you just pay it? They say it's obvious by looking at your car that you must have backed into their car. So you say "sure" even though you don't think you did and all they have is the lame excuse that you were parked behind them and you might have a few dents?!!

Like I said. . ultimately if you are claiming damages. . .the burden of proof is on you! And if you don't have any proof than suck it up and learn your lesson! It might seem crappy. .. and I certainly feel bad for people that have to suck up damages. . .BUT you don't get to point fingers at the most convenient person and call it a day!

That part doesn't sound off to me at all. We also have a wii and don't play it all that often. If someone had played it and scratched a game, I woudn't find out until we went to play it again, which could easily be a month or more later.

In the same breath. . if you bought a new GPS at Target and didn't actually use it until your trip 9mos later. Do you get to return it because you are just now finding out it's defective. .. . or do you have suck it up and blame yourself for not checking it out immediately? What if you didn't play your Wii for a year. . .is the last person that played it still responsible for any thing that might not work now? How about I buy a car and park it in my yard for the next 5 yrs? Is the manufacturer still responsible if it doesn't start? The fact that it might take you along time to getting around to using an item is not my problem. It's solely your responsibility! Too many things can happen over that time span. Ultimately that is your responsibility, and I'm not going to be liable forever while you choose to use or not use something.

Given your scenario, I would assume my kid did the damage, and I would apologize and replace the game.

The fact that you made the choice to have three kids and be a SAHM is completely irrelevant.

Really?! So if Uncle Joe gave your son permission to play with matches while under his supervision and then his house burned down, you would pay for a new house for him?

I'm going to take a slightly different tack than the others. Yes, I would replace the game. You don't absolutely know whether or not your son damaged the game, but given the fact that your son has a history of not taking care of his games properly, it is entirely possible. I would also make him pay for the game, and I would explain it to him in the same way. "I can't prove that you did ruin the game, but because I know you don't take of your own games, I also can't prove that you didn't ruin it. Since you don't take care of your own games, I have to assume that you didn't take care of aunties either." I think this will definitely teach him a lesson about taking care of things.

I don't agree with repairing the disc. If you come to my house and break my lamp, I don't want you to glue it back together.

I think it is entirely possible that a couple with 2 very small children don't play with the Wii regularly.

Also I don't think your family situation is relevant. To borrow another car analogy, if you borrow a car and have and accident in it the fact that you don't have an income does not release you from the responsibility of repairing it.

But if the person you borrowed it from can't in any way, shape or form prove that you had an accident. . .how are you possibly responsible?

 

[hambirg]

.

 

[hambirg]

.

 

[hambirg]

.Sorry. . .too many double posts and I thought I would be able to consolidate and delete them.

 

[kirstenb1]

I'll be honest. .. .I'm kind of surprised by the responses of some of the posters here. Really? You would "assume" responsibility for something you are not sure of? I guess it's just the business owner in me. We have had people come at us with all kinds of crazy stuff. My ex was a painting contractor. There really are people out there that just want to swindle you (not saying that is the case with the Dsis, she may very well think that the nephew did it, but that doesn't mean a hill of beans! And it certainly doesn't make it true!).But at the very least, there are people that are unwilling to take responsibility for their own actions. We had a customer that claimed we broke all 7 of her outdoor lights. Now, yes, sometimes they do get broken. And of course, we replace those. We are not "upgrading" your lights though. (Hint: the Dsis is not entitled to a "new" game to replace damage to a used game.) This woman was sooo adamant! Well, I'm sorry your lights are broken. . .but we have a crew of 4 guys that say they didn't break any lights. .. you would hear the glass breaking and know. So we told her we would need to come to take pics. . sure enough, all 7 lights were smashed. Does that mean that since we painted her house that we should "assume" that we broke them even though our crew was telling us they didn't? And you know what? A neighbor came out and told us that he heard some noise a few nights before. .and the LUNATIC was out there smashing all her lights in the middle of the night with a baseball bat!!! Too bad so sad for you Crazy Lady! Last time I checked you needed more than some really crappy circumstantial evidence to prove something. And that's what we have here. Just really crappy circumstantial evidence. So Dsis needs to suck it up and learn her lesson! Ultimately she was responsible for a minor in her care. . .and she failed! There is not a court in the land that would support her claim of damages! I do understand how some of you are coming at this. . just pay to keep the peace. But what kind of precedent does that set? Next month there is another game that doesn't work. Are you liable for that one too? Where the h*ll does it end?? Do you now have to replace every game that your son may or may not have touched? It's crazy talk! My DD14's friend broke a glass at my house on accident last weekend. Do I get to call her mom and demand an entire new glass set now?! It's called jurisprudence people! What would a reasonable person think. I think that an adult would have enough sense to know that they might need to supervise a 7yr old! And if they don't. . then they need to learn the hard lessons of life. I'm so sorry your game was damaged but you were the one who was negligent, not the child!!!

For those posters that say just "assume" responsibility because you say he had been careless at home. If you came out to the parking lot at Walmart or Target and their was somebody standing next to your car with their tail light smashed out. . .would you just pay it? They say it's obvious by looking at your car that you must have backed into their car. So you say "sure" even though you don't think you did and all they have is the lame excuse that you were parked behind them and you might have a few dents?!!

Like I said. . ultimately if you are claiming damages. . .the burden of proof is on you! And if you don't have any proof than suck it up and learn your lesson! It might seem crappy. .. and I certainly feel bad for people that have to suck up damages. . .BUT you don't get to point fingers at the most convenient person and call it a day!



In the same breath. . if you bought a new GPS at Target and didn't actually use it until your trip 9mos later. Do you get to return it because you are just now finding out it's defective. .. . or do you have suck it up and blame yourself for not checking it out immediately? What if you didn't play your Wii for a year. . .is the last person that played it still responsible for any thing that might not work now? How about I buy a car and park it in my yard for the next 5 yrs? Is the manufacturer still responsible if it doesn't start? The fact that it might take you along time to getting around to using an item is not my problem. It's solely your responsibility! Too many things can happen over that time span. Ultimately that is your responsibility, and I'm not going to be liable forever while you choose to use or not use something.



Really?! So if Uncle Joe gave your son permission to play with matches while under his supervision and then his house burned down, you would pay for a new house for him?



But if the person you borrowed it from can't in any way, shape or form prove that you had an accident. . .how are you possibly responsible?

I'm not a business owner, so I don't have that point of reference. Honestly, if my sister were hinting like this, I'd know she really meant my child did break it. I have 3 sisters, and trust all of them, so I'd have no choice but to replace it. They would do the same.

I just like to keep the peace, especially with family members I see at most holidays, etc. I don't like any awkwardness to come between us.

 

[smkiya]

First, because your son was under her supervision, it was her responsibility to make sure he didn't damage the game or gaming system. What if he got hurt? That would also be her responsibility.

Second, knowing the above, I would still replace the game (to keep the peace). I would tell sis that you explained to him how to properly care for the games, and that he is not allowed to play them unless she is supervising. I would say it in a way that was both polite, but so that she understands that the next time something like this happens, it's on her dime. Unless of course he intentionally breaks something, in which case Santa may not make a visit that year....

Finally, the game was not new when it was damaged. Even if you were responsibile for replacing it, a court would not award a brand new game. Get a used game from Gamestop or Amazon Marketplace.

 

[Lucky4me]

You need to communicate. She's only hinted at this point.
Call your sister and say- sis, do you think I should be obligated to buy a new game even if we don't know for sure who broke it?
If she says yes, pay for it.
If she says no, don't.
You could always look for one cheaper on ebay or at a used game store.
You should never assume what someone else is thinking. Because sometimes you'll be wrong and get yourself all worked up for nothing.

 

[Michelle and crew]

I'll be honest. .. .I'm kind of surprised by the responses of some of the posters here. Really? You would "assume" responsibility for something you are not sure of? I guess it's just the business owner in me.

You treat family like you treated customers? That is so not cool in my book. If my sister though one of my sons had broken something I would not only replace, but apologize profusely, and probably buy a second game for them.

My kid. My responsibility. Sorry you need proof to honor your obilgations.

 

[maxiesmom]

I believe the OP should replace the game. Mostly because she knows that her son is reckless with his own games. If it was out of character for him to mistread his games, then she may get away with the whole we don't really know who did it argument. But she does know that her son mistreats his own games.

I think the OP knows in her heart of hearts her son is responsible. Find a used copy of the same game and replace it.

 

[Bearshouse]

OP here:

Also - thank you to everyone who suggested Game Stop or Blockbuster for a used disc. That may be a solution too.

At Gamestop you can get what is called a game play guarantee. You pay somewhere between $3-$5, then just keep your receipt and if something happens within a year they will replace it for free.

We have had to replace few and that is with just adults handling the discs.

Hope this helps.

Bearshouse

 

[hambirg]

You treat family like you treated customers? That is so not cool in my book. If my sister though one of my sons had broken something I would not only replace, but apologize profusely, and probably buy a second game for them.

My kid. My responsibility. Sorry you need proof to honor your obilgations.

We treated our customers very well. And how on earth would this be my obligation? Son goes to dsis house, is given permission to play unsupervised (her call, not the OPs), plays gameA, Dsis calls a month later and says gameB is broken. Son says he did not play gameB, Dsis backtracks and says yeah yeah. . .she meant GameA. But she also admits that her 3 year old gets in to the games and plays with the discs. But somehow it is the sons fault. . .and worse the OPs? She wasn't even the supervising adult.

So you are saying that if your DS7 was at your sister's house and she was allowing him to play in the driveway by her car, unsupervised, and she called you a month later and told you there is a scratch in her car you would feel obligated to buy her a new car? Even if at first she said it was her DHs car, and then when son says he didn't play by DHs car she backtracks and says it was her car? Even if she admits that her kids have played out there too? And according to the OP, she had friends come over, get drunk, and hang out there by the car too? Maybe you would offer to fix the scratch to keep the "peace". But what you are saying is that you would buy her a brand new car, to replace the used one, apologizing the whole way. . .h*ll you would even offer to buy her a second brand new car! I don't think the OP is obligated to do anything. The sister has NO idea what really happened because she was being irresponsible! So yeah. . .I would need proof on that one, because I don't think it's ok to shirk my responsibility off on a 7yr old that may or may not have even played with that game, just because he is the most convenient scapegoat.

Like I said earlier. . if she lent an undamaged game and he returned it damaged. . .yeah. .. I would fix it or replace it. If he did something that any reasonable 7yr old would know would break the game. . .like riding over it with his bike. . .yeah. .. again I would fix or replace it. But this isn't the case at all.

 

[mamaLori05]

I'll be honest. .. .I'm kind of surprised by the responses of some of the posters here. Really? You would "assume" responsibility for something you are not sure of? I guess it's just the business owner in me. We have had people come at us with all kinds of crazy stuff. My ex was a painting contractor. There really are people out there that just want to swindle you (not saying that is the case with the Dsis, she may very well think that the nephew did it, but that doesn't mean a hill of beans! And it certainly doesn't make it true!).But at the very least, there are people that are unwilling to take responsibility for their own actions. We had a customer that claimed we broke all 7 of her outdoor lights. Now, yes, sometimes they do get broken. And of course, we replace those. We are not "upgrading" your lights though. (Hint: the Dsis is not entitled to a "new" game to replace damage to a used game.) This woman was sooo adamant! Well, I'm sorry your lights are broken. . .but we have a crew of 4 guys that say they didn't break any lights. .. you would hear the glass breaking and know. So we told her we would need to come to take pics. . sure enough, all 7 lights were smashed. Does that mean that since we painted her house that we should "assume" that we broke them even though our crew was telling us they didn't? And you know what? A neighbor came out and told us that he heard some noise a few nights before. .and the LUNATIC was out there smashing all her lights in the middle of the night with a baseball bat!!! Too bad so sad for you Crazy Lady! Last time I checked you needed more than some really crappy circumstantial evidence to prove something. And that's what we have here. Just really crappy circumstantial evidence. So Dsis needs to suck it up and learn her lesson! Ultimately she was responsible for a minor in her care. . .and she failed! There is not a court in the land that would support her claim of damages! I do understand how some of you are coming at this. . just pay to keep the peace. But what kind of precedent does that set? Next month there is another game that doesn't work. Are you liable for that one too? Where the h*ll does it end?? Do you now have to replace every game that your son may or may not have touched? It's crazy talk! My DD14's friend broke a glass at my house on accident last weekend. Do I get to call her mom and demand an entire new glass set now?! It's called jurisprudence people! What would a reasonable person think. I think that an adult would have enough sense to know that they might need to supervise a 7yr old! And if they don't. . then they need to learn the hard lessons of life. I'm so sorry your game was damaged but you were the one who was negligent, not the child!!!

For those posters that say just "assume" responsibility because you say he had been careless at home. If you came out to the parking lot at Walmart or Target and their was somebody standing next to your car with their tail light smashed out. . .would you just pay it? They say it's obvious by looking at your car that you must have backed into their car. So you say "sure" even though you don't think you did and all they have is the lame excuse that you were parked behind them and you might have a few dents?!!

Like I said. . ultimately if you are claiming damages. . .the burden of proof is on you! And if you don't have any proof than suck it up and learn your lesson! It might seem crappy. .. and I certainly feel bad for people that have to suck up damages. . .BUT you don't get to point fingers at the most convenient person and call it a day!



In the same breath. . if you bought a new GPS at Target and didn't actually use it until your trip 9mos later. Do you get to return it because you are just now finding out it's defective. .. . or do you have suck it up and blame yourself for not checking it out immediately? What if you didn't play your Wii for a year. . .is the last person that played it still responsible for any thing that might not work now? How about I buy a car and park it in my yard for the next 5 yrs? Is the manufacturer still responsible if it doesn't start? The fact that it might take you along time to getting around to using an item is not my problem. It's solely your responsibility! Too many things can happen over that time span. Ultimately that is your responsibility, and I'm not going to be liable forever while you choose to use or not use something.



Really?! So if Uncle Joe gave your son permission to play with matches while under his supervision and then his house burned down, you would pay for a new house for him?



But if the person you borrowed it from can't in any way, shape or form prove that you had an accident. . .how are you possibly responsible?

Sorry, but this is a SISTER, not a buisness client. The two shouldn't even try to be compared against each other. It would be like comparing apples to oranges in my book. Again, this is her SISTER, not a neighbor, not some stranger she met off the street, but her SISTER!!!!! I would NEVER treat my sister like a business client!!! Maybe it's because I have a close relationship with my sister, but If she told me one of my kids broke something of theirs, I would believe her and replace it immediately along with an apology. My sister isn't trying to rip me off, and to me it doesn't sound like the op's sister is either. Family is the most important thing in life, and to possibly start an argument over a wii game is just silly!!!!

 

[mickeymaker2003]

You may want to check with the manufacturer of the game that is broken. Some places will replace damaged disks for a fee if the old one is sent in. Then, your sister gets a brand new disc, and you would pay less money for it.

 

[badblackpug]

Sorry, but this is a SISTER, not a buisness client. The two shouldn't even try to be compared against each other. It would be like comparing apples to oranges in my book. Again, this is her SISTER, not a neighbor, not some stranger she met off the street, but her SISTER!!!!! I would NEVER treat my sister like a business client!!! Maybe it's because I have a close relationship with my sister, but If she told me one of my kids broke something of theirs, I would believe her and replace it immediately along with an apology. My sister isn't trying to rip me off, and to me it doesn't sound like the op's sister is either. Family is the most important thing in life, and to possibly start an argument over a wii game is just silly!!!!

I agree with this. This is her sister, whom a presume she loves, and whom loves her, so I doubt that her sister is trying to swindle her.

I also really don't think that an adult should have to hover over a 7 year old while they play a video game.

If it were something that broke as a result of normal wear and tear or through no fault of the childs I wouldn't feel obligated to replace it, but since the OP, herself, said that her son does not take care of his own games, I think it is more likely her damaged it through irresponsibility.

 

[irishbosoxfan]

My sister and I babysit each others kids all the time---ditto for our good friends.
Now I give the kids the same responsibilities that they have at home.

Meaning if my BFF tells me that Sam has a Wii and plays it all the time then I assume based on our conversations that he is capable of handling the responsibilities associated with playing the game. If you don't tell me that he doesn't treat the disks correctly and they're all scratched up how am I to know he can't be trusted with mine.

Now add to that the fact that your sister was kind enough to have your son over which I assume was a break for you to not have all your kids at the same time to deal with. Are you willing to give up a free babysitter over a $40game?

Based on your sons treatment of his own games then it's not a stretch to assume the damage was done by your son. And about believing a 7 year old over an adult?!? Really? Especially an adult the OP obviously entrusts the life of her child to? For me it wouldn't happen.

I would replace the game. If my child was invited to someones house and didn't follow the rules then the result of their misbehavior is on me. To say he was improperly supervised is a cop-out.

And I wanted to add that we have both a Wii and a PS3--Neither have been played for over a month. The kids aren't allowed to play it on school days and they've had other things they've been doing on the weekends. So it's not a stretch to assume that the units haven't been used.

 

[brockash]

No way would I replace a game unless I knew for sure that my child broke it. As you said she has two small children of her own that could have just as easily broke it.

For this very reason we have always had a rule with my son that an adult must put in any games/movies and that he is not to touch them.

Also if I were in your sister's situation I would not expect the game to be replaced unless I knew for sure that your child did it.

ITA! There's no way I'd offer to pay for the game in that situation, nor would I ever dream of "hinting" to one of my dsis, that they replace a game of mine, that we have no idea what happened to it. Another thing to consider, when your ds was at her house, were you there with him? If not and your dsis was watching him/responsible for him, then really it should be on her to make sure he was handling the games properly. If my nephew (he's 8) came to my house and I let him go in our basement to play our wii, unsupervised, if something did end up breaking and I found out that night, there's still no way I'd ever expect my dsis to pay for it. I was the responsible adult at that time, and I'd take it as a lesson learned, and to supervised better when he's over playing the wii. Your dsis didn't even notice for over a month...there's no way she has any idea who broke it.

For the record, I have an extremely close relationship with both of my dsis, which is even more of a reason on why I would never dream to "hint" to either of them that they replace a game that my nephew may or may not have broken at my house while I was watching him. There's just no way. If it was done on purpose, okay then maybe, but then I would have known about it that night, not a month later...and honestly, even then, she's my dsis, I really don't think I'd ever ask her to buy me a new wii game. If my nephew has a habit of breaking things, then I wouldn't allow him to keep playing our wii.

 

[aprilfoolwed]

OP here again -

I decided to not bring up the game again, since my sister hasn't mentioned it since we had the last mentioned conversation (we have spoken, but not about that).

I let it go, with her knowing that DS won't be playing Wii at her house, and I opted to pick up some baby items for my sister when I was at the store last week (things she needs anyway).

I think it's worked out. Thanks for ALL the input.

 

[DisneyShannon]

Look for a used copy and give it to them.

My sister watches a movie once and gives it away so for christmas one year she wanted a movie. I bought it used and gave it to her. No problem.