Drink on Laptop...who is at fault?

[agirlnamedtruth]

Last weekend I went to a party at a girl's house (I had just met the girl earlier that week). Later that evening when I was turning around to get my jacket, I accidentally knocked into a boy who was holding a drink in his hand. He dropped the drink, and it landed on the owner's laptop, which was sitting on the living room table, serving as a boombox/ music for the party. The girl and boy are both claiming that I am solely responsible for the damages to the computer; however, it wasn't my drink nor was it my fault her computer was out in the living room in a crowded room of people. Who is at fault in this situation?

 

[Michael Wechsler]

I'd argue that it was silly to place a laptop right in the middle of a party environment. The situation was entirely foreseeable. Unless you feel a moral obligation, I would say that it's an accident and you aren't responsible given an absence of negligence nor any duty that was breached by yourself. Unfortunately someone has to pay for the risk of loss. Just my humble opinion.

 

[agirlnamedtruth]

Thanks for the quick response

Last night, she informed me that the charges have amounted to a total of $850 to fix her computer, and I have offered to pay a third of the cost. However, she is claiming that she had no fault in this situation at all and that the boy and I should pay all the costs to repair the damage. I do not feel like I am the only one responsible (if I am responsible at all), and frankly, I do not have the money to pay the full amount. I feel I am being very generous by my offer to pay a third. Can she legally pursue this and make me pay the full amount?

 

[Michael Wechsler]

She can pursue the entire amount and my guess is she'll never get it. What I was pointing to is "contributory negligence" - it is a concept in law that others share the blame in an accident because of their own negligence. Your thoughts are right on target - you're not just not the only one to blame but they should be held responsible for keeping a laptop in the middle of a party room. Ridiculous. In addition you've got the actual drink holder. I think your offer is very generous and, unless you get a written release from her, I might think you're better off telling her to sue you and your offer then will be zero. perhaps she'll come to her senses.

One more thought - why is the laptop repair $850? You can get a new laptop for that amount these days and a few hundred dollars more gets you a very good one. I'd also demand to see all bills - and the PAID receipts.

Good luck.