Destruction of Property Caught on Viral Video: Warranty Voided

This destruction of property video is shocking. A tech arrives at a property seemingly to repair a TV. As soon as the client leaves the room, the tech takes out a knife and makes a small cut on the side of the screen.

When the client returns, the tech acts like the damage was there all along. He ‘innocently’ asks the client if he noticed the damage. The client tells him he has not seen it before.

Why Did the Tech Damage the TV?

It is unclear why the tech damaged the TV. The company he works for may ask him to damage their products to make it seem like the client is responsible. This would void the warranty contract, so they would not have to make repairs.

It may be that the tech thought it would be easier to cut the screen than repair it. He may have wanted to get out of the repair work.

In any event, the tech likely didn’t consider that someone might catch him on camera. He may face charges for property destruction.

What is Respondeat Superior?

The employee carried out the actions while on the job. This raises the question: Who would be responsible for the destruction of property, the employer or the employee?

A law that governs these situations is known as respondeat superior. The Latin phrase translates to “let the master answer.” It means that the employer is responsible for the actions of their employees.

It allows victims to seek damages from the employer, who will likely have deeper pockets.

Two specific requirements must apply to meet respondeat superior requirements as follows:

• The defendant must have been acting on behalf of the employer at the time of the incident
• The defendant must have acted within the scope of their duties or for the employer’s benefit when they committed the wrongful act.

The Benefits Test and the Characteristics Test

Two primary tests determine respondeat superior: the benefits and characteristics tests.

The benefits test considers whether the employee acted in a way that benefits their employer. It would apply if the employee conducted business-related activities after hours or off-premises that could work to the company’s advantage.

In this case, the employee’s activities would void the warranty, potentially making the company no longer responsible for repairs. The company would benefit because it could charge the client for the repairs. It would not have as many out-of-pocket expenses and would profit from its work.

The characteristics test considers whether the questionable actions are a part of the employee’s job. For example, if the employee engaged in an illicit activity after work or during his lunch hour, he would be responsible for damages instead of the employer. However, in this instance, the employee’s activities occurred during the workday and were part of his assigned duties.

What is the Punishment for the Destruction of Property?

Also known as vandalism, property destruction can be a felony or misdemeanor. Minor vandalism involves destroying property valued at under $400. It is punishable by a fine of up to $1000 and one year in jail.

If the property is worth more than $400, the case can be charged as a felony or misdemeanor. Misdemeanor charges can be up to $10,000 in fines and a year in jail. Felony charges can result in multiple years in prison and thousands of dollars in fines.

The TV in this video is worth $20,000, so the defendant will likely face serious charges. The charges could be more serious if the court discovers that the defendant has exhibited similar activity with other clients.