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Laptop Water Accident - Small Claims

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Anon25

Junior Member
What is the name of your state (only U.S. law)? Ohio

So here is what happened. Where I work at, we're not allowed to bring electronics such as laptops or tablets, however, we still do it when the supervisor is there. Anyways, I had my laptop on one side of the table, and this girl had hers on the other side, so they were back to back. I didn't notice that there was a cup of water in the middle of both laptops and I accidentally tip it over when I pushed mine back. The water spilled all over the table and because her computer was close we weren't able to pull it out in time. Her laptop (MacBook 13") immediately powered off and wouldn't turn back on. I had to step out for a minute, but when I came back I saw she had plugged it into the wall and trying to start it while it was still wet, which I think only made things worst. Of course I didn't say anything since I was feeling pretty bad, and didn't wanna sound like a bigger jerk.

I told her I would take care of it, and pay to get it fixed. However, it's gonna cost at least $650 to get it fixed, and that's practically what I make in a month (work part time/ student). I had to pay for school this semester, so I'm still trying to pay off that credit card, not to mention other expenses.

When the supervisor found out, he laughed and said "that's what she gets for bringing her laptop to work, when she's not supposed to". He told me that if he were me, he wouldn't pay her anything but I still feel responsible.

She just texted me saying I have 45 days to come up with the money/replacement, or she will take this to small claims court. I texted her asking if she'd be willing to go half way and pay half and half, but she hasn't answered me jet (she usually takes days to text me back.) I don't think she'll agree, but I feel like it's not totally my fault, since it was an accident, and she wasn't supposed to have it there, and was "careless" enough to leave her computer near a cup of water. (I know, I had mine out too)

So my question is ... Can she take me to small claims court? Is it likely that she'll actually win the full amount for the repairs? If she does, will they automatically deduct my paychecks? Should I just use a credit card and pay for it before they take it out of my paycheck?

Thank you, and sorry for the long post.
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Ohio

So here is what happened. Where I work at, we're not allowed to bring electronics such as laptops or tablets, however, we still do it when the supervisor is there. Anyways, I had my laptop on one side of the table, and this girl had hers on the other side, so they were back to back. I didn't notice that there was a cup of water in the middle of both laptops and I accidentally tip it over when I pushed mine back. The water spilled all over the table and because her computer was close we weren't able to pull it out in time. Her laptop (MacBook 13") immediately powered off and wouldn't turn back on. I had to step out for a minute, but when I came back I saw she had plugged it into the wall and trying to start it while it was still wet, which I think only made things worst. Of course I didn't say anything since I was feeling pretty bad, and didn't wanna sound like a bigger jerk.

I told her I would take care of it, and pay to get it fixed. However, it's gonna cost at least $650 to get it fixed, and that's practically what I make in a month (work part time/ student). I had to pay for school this semester, so I'm still trying to pay off that credit card, not to mention other expenses.

When the supervisor found out, he laughed and said "that's what she gets for bringing her laptop to work, when she's not supposed to". He told me that if he were me, he wouldn't pay her anything but I still feel responsible.

She just texted me saying I have 45 days to come up with the money/replacement, or she will take this to small claims court. I texted her asking if she'd be willing to go half way and pay half and half, but she hasn't answered me jet (she usually takes days to text me back.) I don't think she'll agree, but I feel like it's not totally my fault, since it was an accident, and she wasn't supposed to have it there, and was "careless" enough to leave her computer near a cup of water. (I know, I had mine out too)

So my question is ... Can she take me to small claims court? Is it likely that she'll actually win the full amount for the repairs? If she does, will they automatically deduct my paychecks? Should I just use a credit card and pay for it before they take it out of my paycheck?

Thank you, and sorry for the long post.
She has every right to take you to small claims court. She may win, she may not. It would be the honorable thing to do (to pay for the damages) since you are the one who damaged the computer.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Ohio

So here is what happened. Where I work at, we're not allowed to bring electronics such as laptops or tablets, however, we still do it when the supervisor is there. Anyways, I had my laptop on one side of the table, and this girl had hers on the other side, so they were back to back. I didn't notice that there was a cup of water in the middle of both laptops and I accidentally tip it over when I pushed mine back. The water spilled all over the table and because her computer was close we weren't able to pull it out in time. Her laptop (MacBook 13") immediately powered off and wouldn't turn back on. I had to step out for a minute, but when I came back I saw she had plugged it into the wall and trying to start it while it was still wet, which I think only made things worst. Of course I didn't say anything since I was feeling pretty bad, and didn't wanna sound like a bigger jerk.

I told her I would take care of it, and pay to get it fixed. However, it's gonna cost at least $650 to get it fixed, and that's practically what I make in a month (work part time/ student). I had to pay for school this semester, so I'm still trying to pay off that credit card, not to mention other expenses.

When the supervisor found out, he laughed and said "that's what she gets for bringing her laptop to work, when she's not supposed to". He told me that if he were me, he wouldn't pay her anything but I still feel responsible.

She just texted me saying I have 45 days to come up with the money/replacement, or she will take this to small claims court. I texted her asking if she'd be willing to go half way and pay half and half, but she hasn't answered me jet (she usually takes days to text me back.) I don't think she'll agree, but I feel like it's not totally my fault, since it was an accident, and she wasn't supposed to have it there, and was "careless" enough to leave her computer near a cup of water. (I know, I had mine out too)

So my question is ... Can she take me to small claims court? Is it likely that she'll actually win the full amount for the repairs? If she does, will they automatically deduct my paychecks? Should I just use a credit card and pay for it before they take it out of my paycheck?

Thank you, and sorry for the long post.
Can she take you to small claims? Sure. Anyone can sue anyone for anything. The big question is whether or not she can win, and that's a big fat MAYBE.

It's a matter of liability. You both knew that laptops were prohibited by policy at work, but you both brought them anyway. You both were careless by leaving open beverages sitting near the laptops. Neither one of you took precautions to protect your equipment. It's a toss up as to whether or not a court would find you at fault. Even if they did, you might be only partially liable - and even then, only for the DEPRECIATED value of the laptop or the cost of repairs, whichever was less. And last, but certainly not least, if the court does find in her favor, all she will get would be a judgment and NOT an order for you to pay the money outright - she still has the task of collecting from you.

By the way? The fact that you have other expenses to pay wouldn't make a difference in whether or not you would be liable for the damages here. If you caused them, and you are found at fault, you'll have to pay. If you couldn't afford to pay for these damages, you shouldn't have been so careless and negligent as to bring your computers to work where they weren't allowed and having open beverage containers precariously sitting next to them.
 

BL

Senior Member
Who's cup of water was it ?

If the cup of water was her's ,tell her you'll see her in court.
 

Anon25

Junior Member
Who's cup of water was it ?

If the cup of water was her's ,tell her you'll see her in court.
It wasn't hers or mine, it was somebody else's. would you recommend I still go to court? I think I might be able to come up with the money in 45 days.

Thanks for the replies.
 

BL

Senior Member
It wasn't hers or mine, it was somebody else's. would you recommend I still go to court? I think I might be able to come up with the money in 45 days.

Thanks for the replies.
My advice decline to pay for it.

She was negligent by setting her PC /laptop/whatever near liquid..

You testify ,employees were not allowed to bring PCs to work.

You testify employees did anyway with the bosses knowledge.

You testify she was negligent for putting her PC near and around liquid.
 

Anon25

Junior Member
My advice decline to pay for it.

She was negligent by setting her PC /laptop/whatever near liquid..

You testify ,employees were not allowed to bring PCs to work.

You testify employees did anyway with the bosses knowledge.

You testify she was negligent for putting her PC near and around liquid.


Could she use the texts I sent her saying I would pay, as some form of contract?
Thank you for the advice. I'll see how this plays out and go to court if it comes to it.
 

BL

Senior Member
Could she use the texts I sent her saying I would pay, as some form of contract?
Thank you for the advice. I'll see how this plays out and go to court if it comes to it.
She may or may not be allowed to present a text message.

Either way , you simply say at the time I felt bad for her ,but after some thought I don't beleive I'm responsible,and I have expenses with what little I earn.

Remember you did counter offer,so you really were not committed.
 

Anon25

Junior Member
She may or may not be allowed to present a text message.

Either way , you simply say at the time I felt bad for her ,but after some thought I don't beleive I'm responsible,and I have expenses with what little I earn.

Remember you did counter offer,so you really were not committed.

Thanks a lot for all the advice.
 

jiggy78

Member
And she was a Grand Idiot of the Highest Ancient Order Of Idiots for trying to plug it in while still wet. Words simply fail me how utterly moronic that was of her to do.
 

latigo

Senior Member
Could she use the texts I sent her saying I would pay, as some form of contract? . . . . .
No, your text message would not serve as the basis of a contract; not under the circumstances you’ve described.

In other words, her loss was not due to your breach of an agreement with her. If she has any legal claim against you, it would need to be founded upon tort law (here negligence) and not contract law.

But I don’t think that she has a viable claim against you. You may have been negligent in causing he spillage, but she was equally negligent in placing her device in proximity to the cup of water.
And it being commonly known that such spillages do occur, she assumed the risk.

If she can make any use of the text message, it would/should be limited to an admission of you having caused the spillage.

Others may disagree, but I don’t think that a person can be found liable under the laws of negligence simply because they have admitted to liability when it may or may not exist as a matter of law.
 

Anon25

Junior Member
No, your text message would not serve as the basis of a contract; not under the circumstances you’ve described.

In other words, her loss was not due to your breach of an agreement with her. If she has any legal claim against you, it would need to be founded upon tort law (here negligence) and not contract law.

But I don’t think that she has a viable claim against you. You may have been negligent in causing he spillage, but she was equally negligent in placing her device in proximity to the cup of water.
And it being commonly known that such spillages do occur, she assumed the risk.

If she can make any use of the text message, it would/should be limited to an admission of you having caused the spillage.

Others may disagree, but I don’t think that a person can be found liable under the laws of negligence simply because they have admitted to liability when it may or may not exist as a matter of law.
I've asked her twice to split the cost and I still haven't heard from her. Thank you for clearing things up, at this point I feel comfortable if this ends up going to court.
 

tranquility

Senior Member
I completely agree with latigo here. While I don't give posts in agreement as a rule, here the law is subtle and the facts complex.

What he said.
 

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