Hmnn, TisketaTasket, if I thought I was out of my depth on legal issues, I *know* that I have often screwed up on matters of etiquette and diplomacy. So, take my opinion with the necessary salt. <BR> <BR>Ultimately, this seems to be a situation that Amanda must resolve with her mother; it is just possible that Yolanda doesn't need to get involved at all, beyond gently reminding Amanda of this. Accidents happen, particularly whilst travelling, when we are apt to be tired and disoriented. No doubt when Amanda promised her mother to be careful with the camera she was being sincere, given her limited travelling experience. No doubt Yolanda was likewise trying to be a sincere help, when she offered to carry the camera. However, both are human beings; they make mistakes (in contrast to the situation suggested by someone above, in which Yolanda deliberately sells or misuses the camera.)I was joking earlier about the theft, but the reality is that that could also have happened. <BR> <BR>Amanda's mother likewise made an error in judgement, in lending a valuable piece of property to someone who is not in a financial position to replace it, should human nature inevitably assert itself and something happens to the camera. When one puts money or an expensive object in the hands of a relatively poor friend or relative, one needs to consider the possibility that one will wind up making a gift, not a loan. <BR> <BR>If Amanda's mother goes bananas and attempts to sue Yolanda, there is still no need for the friendship of Yolanda and Amanda to be affected; Yolanda can simply say that she is sorry the situation arose, and that she will welcome the wise counsel of a judge to adjudicate the situation (if lucky, she will get Judge Wapner, who will bring a much-needed sense of humor to the situation.)There's nothing Yolanda can do to stop this scenario from happening, so she might as well look on the whole thing as a learning experience, and take what comes. I doubt it will be as bad as she thinks right now, even in the worst scenario. <BR> <BR>Meanwhile, it sounds like Amanda and Yolanda are still in Europe; they might as well decide to deal with this when they get home. They should try not to let it affect the enjoyment of their trip too much; travel is full of surprises, not all of them pleasant; if we insist otherwise we might as well stay home.

How about this? Amanda and Yolanda are both negligent, and are therefore joint tortfeasors. If the mom filed suit against them both, they'd both be found responsible. Therefore, they must split the cost of the camera. Yolanda should simply propose this. If Amanda won't agree, then tell her to take a hike and let her pay for the whole thing.

Hmmmm....does the value of the lost item determine who is at fault? What if Amanda had given Yolanda Amanda's baby to carry and then Yolanda put the child on the seat between them? Whose responsibility would it have been to make sure the child was not left in the cab? <BR>I say Yolanda is in the clear....Amanda, that was your mother's camera, and only YOU are responsible for replacing it.

I found carry your argument quite convincing...

One final thought, and it is one that resonates with something Carry said. <BR> <BR>Had I been Amanda's mother, my first reaction to the news would probably have been similar: "You WHAT? My almost new video camera!!!" <BR> <BR>But when I'd cooled down, I'd probably put the whole thing in perspective. Of all the telephone calls that one might have to take concerning a child away travelling, this is probably one of the least troublesome. A videocamera can be replaced; a child cannot be. I think of that thread someone posted about the young boy killed within a day of his graduation, and know that the parents would have given any number of cameras to have him safe and with them again. <BR> <BR>Chances are, Amanda's mother will have had similar thoughts by the time the two of them, we hope, safely return.

Good point Mac.

In the original post Tisket said Amanda was tired of holding the videocam and asked Yolanda to hold it for a while. Once in the cab no one is holding it anymore and it no longer is a burden to either one - I say it's back to being Amanda's responsibility! She knows she is in big time trouble with her mother now for losing it and is trying to pass the blame onto someone else. She has to go home and face her mother and is pointing fingers instead. Yolanda was doing her a favor and what does she get for it but grief!! Great friend Amanda is. First she brings crap she can't handle and then she points fingers. Yolanda needs a new friend.

And a final thought - I hope you're right Mac, that mother cools down because it sounds like mother, like daughter, she is so willing to back her daughter 100% without really knowing the situation and understanding the circumstances. What would make a daughter so fearful to face her mother with a . . . "gee, I'm sorry, let's work this out when I get home" and instead blame her friend. She must not value the friendship very much.

This thread just came up on a search I did. Now that I've read the entire thing, what was the resolution? (IMO, agree w/ Joan, 2 posts up: in the cab, no one needed to hold the videocam. Therefore, Yolanda fufilled Amanda's request and shouldn't be held responsible, and if Amanda's mom won't report it to her homeowner's insurance, she (Mom) should suck it up! Also agree w/ Maureen's daughter--as Anne made all the arrangements, and then had the accident, she really should pay. If another of the party had totalled the car, and Anne had opted out of the collision damage waiver (or Irish equivalent), that person might (MIGHT!) have a basis for splitting the cost, at least w/ her (though not if she *did* take the CDW and the $2,500 was the deductible). Finally, Maureen's daughter, do you get something out of your father-in-law's miles? If not, get your own FF-miles credit card, girl! Delta will give you 10K miles and a free year, Northwest will give about 5K miles and a free year (and also has a fee-free card w/ $1=2mi instead of 1).

I am so sorry not to have let you all know how this ended. <BR> <BR>The girls are back now. Yolanda was thrilled that I had posted this question and that you all had answered. (Yolanda is my daughter) <BR> <BR>Yolanda printed out all of your replies and gave them to Amanda. Amanda said it wasn't worth giving up the friendship for the camera, and she convinced her mom to claim it on her insurance, asking Yolanda to pay the deductible. Her mom agreed and so far has not asked Yolanda for the deductible. <BR> <BR>So, the friendship remains intact, Amanda's mother has a new camera, Yolanda will be out a few bucks (but less than if she had paid for a new camera) and the lesson has been learned. <BR> <BR>Thank you all for coming through once again!

Can we please concentrate on David's penis now? Thank you.