Broken phone accident..
Author
Discussion

Symo93

Original Poster:

29 posts

162 months

Tuesday 20th May 2014
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The initial message was deleted from this topic on 10 June 2014 at 08:34

tr7v8

7,625 posts

259 months

Tuesday 20th May 2014
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This makes you liable in my eyes "I knocked the phone out of their hand "

Mk3Spitfire

2,921 posts

159 months

Tuesday 20th May 2014
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I don't see, based on what you've put, that they could hold you to account. I imagine he was as much to blame as you were in messing about.
Although if you think perhaps you were a bit heavy handed, you could offer to pay for half the repair cost?

selym

9,581 posts

202 months

Tuesday 20th May 2014
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I'd be interested to see how this one pans out. Id 'think' that the other guy doesn't have a chance in hell, but stranger things have happened.

balls-out

3,794 posts

262 months

Tuesday 20th May 2014
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I also have no case for my phone, nor insurance. Instead I care for my property.

If its as simple as you say and you knocked it out of thier hands, then in my books you caused the dammage and you should pay up.



dingg

4,566 posts

250 months

Tuesday 20th May 2014
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from what you have told us , its all down to you I'm afraid

DeltaTango

382 posts

154 months

Tuesday 20th May 2014
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As above. I don't see how, if you damaged it, you could possibly think you shouldn't have to pay for it.

What if they damaged your phone in some other way (water damage etc) not protected by your phone case?

Suck it up and do the right thing.

selym

9,581 posts

202 months

Tuesday 20th May 2014
quotequote all
balls-out said:
I also have no case for my phone, nor insurance. Instead I care for my property.

If its as simple as you say and you knocked it out of thier hands, then in my books you caused the dammage and you should pay up.
When both parties are a little the worse for wear, who is more to blame; the guy who knocks the phone out of the hand, or the guy holding it who has not ensured his grip on the itme is sufficient?

This is why I'd like to think this situation has no legs.

balls-out

3,794 posts

262 months

Tuesday 20th May 2014
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selym said:
When both parties are a little the worse for wear, who is more to blame; the guy who knocks the phone out of the hand, or the guy holding it who has not ensured his grip on the itme is sufficient?

This is why I'd like to think this situation has no legs.
Well to me clearly the person who does the knocking.
Personally I don't usually grip my phone so tightly that some idiot can't dislodge it from my grip - why should I?

Are you saying that it would have dropped anyway? clearly not.

If it could shown clearly in the small claims I would expect a claim would be sucesful. this posting admiting causing the dammage would certainly help!

thetrash

1,860 posts

237 months

Tuesday 20th May 2014
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Why are you even asking this question? You tried to look at a phone that someone wasn't willing to show you, you ignored this and physically made an effort to see it resulting in a broken phone. Pay for it and don't try to avoid what is something entirely of your own doing.

mrben1234

44 posts

158 months

Tuesday 20th May 2014
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How about going 50/50?

selym

9,581 posts

202 months

Tuesday 20th May 2014
quotequote all
balls-out said:
selym said:
When both parties are a little the worse for wear, who is more to blame; the guy who knocks the phone out of the hand, or the guy holding it who has not ensured his grip on the itme is sufficient?

This is why I'd like to think this situation has no legs.
Well to me clearly the person who does the knocking.
Personally I don't usually grip my phone so tightly that some idiot can't dislodge it from my grip - why should I?

Are you saying that it would have dropped anyway? clearly not
When you take everything into account; the jolly japery and the well-oiled condition of both of them, there are too many variables to make a judgement one way or the other.

Knowing PH though, it will be decided within the hour.

thetrash

1,860 posts

237 months

Tuesday 20th May 2014
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selym said:
When both parties are a little the worse for wear, who is more to blame; the guy who knocks the phone out of the hand, or the guy holding it who has not ensured his grip on the itme is sufficient?

This is why I'd like to think this situation has no legs.
Am glad you don't work in the legal profession.

MrBarry123

6,109 posts

152 months

Tuesday 20th May 2014
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Throw a fridge at the claimant. That'll demonstrate your stance as to whether you're prepared to pay or not.

And they might accept the fridge as a viable offer of replacement.

PROBLEM SOLVED.

balls-out

3,794 posts

262 months

Tuesday 20th May 2014
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MrBarry123 said:
Throw a fridge at the claimant. That'll demonstrate your stance as to whether you're prepared to pay or not.

And they might accept the fridge as a viable offer of replacement.

PROBLEM SOLVED.
Whereas I think you should work in the legal profession. Trial by fridge throwing is a great concept

irocfan

49,309 posts

221 months

Tuesday 20th May 2014
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you should offer to go at least 50/50 - if not the whole thing

selym

9,581 posts

202 months

Tuesday 20th May 2014
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thetrash said:
selym said:
When both parties are a little the worse for wear, who is more to blame; the guy who knocks the phone out of the hand, or the guy holding it who has not ensured his grip on the itme is sufficient?

This is why I'd like to think this situation has no legs.
Am glad you don't work in the legal profession.
'I' am glad you don't teach English.

Snowboy

8,028 posts

182 months

Tuesday 20th May 2014
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In the voice of Judge Judy;

You broke the phone, you have to pay for it.
You had no business trying to take their phone from them, I don't care if it had a picture of you in it.

You may have been drunk, they maychave been drunk. It doesn't change the fact that you shouldn't have tried to take their property.

Keep you hands to yourself in future and don't mess with other peoples belongings.

Judgement to the plaintiff in the amount of £175.


MrBarry123

6,109 posts

152 months

Tuesday 20th May 2014
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balls-out said:
Whereas I think you should work in the legal profession. Trial by fridge throwing is a great concept
Why thank you. If I'm honest, I'm amazed it isn't used widely already.

Rovinghawk

13,300 posts

189 months

Tuesday 20th May 2014
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Symo93 said:
I knocked the phone out of their hand and the screen smashed.
You broke it, you pay for it to be fixed.