Laptop Computer Damage

[orrb_05]

What is the name of your state (only U.S. law)? Iowa

Three roommates are in the living room drinking wine and watching a movie on a laptop computer. The computer is sitting on the coffee table as well as a glass of the wine. Roommate A accidentally knocks the glass of wine over onto the laptop belonging to roommate B. Roommate A feels bad about the situation and offers to have the laptop repaired. When the laptop is taken to the Apple store it is discovered that it cannot be repaired. Roommate A tells roomate B she cannot afford to replace the laptop - roomate B wants the laptop replaced and holds A responsible.

Is roommate a 100% liable for the damages? Should the owner of the laptop, roommate B, be liable as well knowing that there was a chance that someone may spill their wine seein that all three of the roommates were involved (i.e. the wine could have been moved to avoid the accident or the laptop could have been moved to avoid the accident???)

 

[xylene]

Replacement vs repair is false dilemma...

IF the damages cannot be repaired...

"A" owes "B" for the value of the value of the USED laptop that she destoyed.

She does not owe to buy "B" a brand new laptop to replace her destroyed one.

That is less. It is called depreciation.

I would also strongly suggest taking the computer to a competent repair shop OTHER than the Apple store, as they are neither competent nor disinterested in selling you new expensive gear...

 

[antrc170]

I disagree. The roommate with the ruined laptap suffered an accident through no fault of anyone. The laptop owner placed the laptop in the vacinity of the wine, or allowed the wine to be placed in the vicinity of the laptop (doesn't matter which) thereby accepting the dangers of the situation. For the roommate to recover damages she would have to show that the roommate spilling the wine acted maliciously or with a willfully disregard for the laptop (by say swinging her arms around after being told not to). Based on your posting I don't think that either is the case. It was an unfortunate accident.

 

[orrb_05]

I disagree. The roommate with the ruined laptap suffered an accident through no fault of anyone. The laptop owner placed the laptop in the vacinity of the wine, or allowed the wine to be placed in the vicinity of the laptop (doesn't matter which) thereby accepting the dangers of the situation. For the roommate to recover damages she would have to show that the roommate spilling the wine acted maliciously or with a willfully disregard for the laptop (by say swinging her arms around after being told not to). Based on your posting I don't think that either is the case. It was an unfortunate accident.

This is pretty much what I've been told by to attorneys - just looking for some aditional opions - thanks.

 

[orrb_05]

This is pretty much what I've been told by to attorneys - just looking for some aditional opions - thanks.

What if the laptop owner argues that she told roommate A multiple times to stop sitting the wineglass on the table by the laptop - and roommate A, who spilled the wine, argues that she was not asked to stop sitting her wineglass on the coffee table, in fact all three of the roommates continued placing their glasses on the table as they were drinking wine? Thanks.

 

[Zigner]

What class is this for?

 

[orrb_05]

No class - actual scenario that my 20-year-old daughter is deep in

 

[antrc170]

What if the laptop owner argues that she told roommate A multiple times to stop sitting the wineglass on the table by the laptop - and roommate A, who spilled the wine, argues that she was not asked to stop sitting her wineglass on the coffee table, in fact all three of the roommates continued placing their glasses on the table as they were drinking wine? Thanks.

It's the classic he said/she said scenario. Generally the courts will rule that the owner of the laptop had the authority to remove the device from the area if her demands were not being met. She failed to do that, and in essence through her non action accepted the consequences.

If the offending roommate is offering to help get the laptop repaired, then that offer should be accepted. There are a multitude of places to take it. If it is beyond repair, then hopefully she will put some money into buying a new one.

 

[Kiawah]

How is this any different, than party A parking their car on the street, and person B driving down the street and hitting it. Person A parked it in an area, where it might get hit from someone. However, Party B initiated the accident, and is liable for the damages.

How much liable for? The cost to repair, up to the (totaled) value of the vehicle.


Both were accidents.

 

[Zigner]

I just find it interesting that the same scenario came up in the past:

https://forum.freeadvice.com/small-claims-courts-24/laptop-damaged-who-fault-319874.html

and

https://forum.freeadvice.com/small-claims-courts-24/laptop-accident-464027.html


just to reference a couple...

 

[BL]

I just find it interesting that the same scenario came up in the past:

https://forum.freeadvice.com/small-claims-courts-24/laptop-damaged-who-fault-319874.html

and

https://forum.freeadvice.com/small-claims-courts-24/laptop-accident-464027.html


just to reference a couple...

I remember ....

 

[Zigner]

I remember ....

Yeah, the whole wine-in-the-laptop scenario sure rang a bell...that's why I wondered if this was homework.

 

[orrb_05]

I looked at the other related posts and if I'm undertsanding "proximate cause" and "neglegent" correctly, the roommate who spilled the wine is not culpable - rather the owner of the computer deserves the blame here??

Thanks everyone.

My choice in the matter is to reimburse the father for the MacBook Pro or have it go to small claims - I just feel that my daughter (wine spiller) was not 100% at fault. Very confusing issue.

 

[BL]

One was white wine & this is red wine...totally differnent

And your point is ?

 

[orrb_05]

OK - for $1900 (price of the computer) what legal course of action can the laptop owner persue? Is this strictly a small claims issue???