Laptop damaged: Who is at fault?

[BL]

Huh !!! College kids , case dismissed ...

 

[StickyFingers]

Now before you rhetorical war on me BB, remember that i'm just a college student trying to find a way out of going to small claims court with one of my best friends. I do thank you for yours, and everyone elses input and advice.

Simply accept your cupability in the untimely demise of the computer.

You live...You learn....You never do it again! Then you move on.

Get it?

 

[ronda_jeremy]

HJuh !!! College kids , case dismissed ...

ATTN: Blonde Lesbianese: Stop posting your drunkeness. You are representative of the drunken selfish pig who stole my parents from me. You are not an original. Drunk killers have been around as long as the "oldest tricks in the books".

Drunken idiots such as yourself believe you are doing the innocent victims a "financial favor" by imploding massive awards for the survivors of your atrocious acts.

I have a great idea. Supply the addresses of your "loved ones" and we can play hide from the drunk driver. Wanna? You want pain?

 

[StickyFingers]

ATTN: Blonde Lesbianese: Stop posting your drunkeness. You are representative of the drunken selfish pig who stole my parents from me. You are not an original. Drunk killers have been around as long as the "oldest tricks in the books".

Drunken idiots such as yourself believe you are doing the innocent victims a "financial favor" by imploding massive awards for the survivors of your atrocious acts.

I have a great idea. Supply the addresses of your "loved ones" and we can play hide from the drunk driver. Wanna? You want pain?

And I ask of all of those 'On High'...Why has this disrespectful, confrontational, trouble making troll not been banned?

 

[WoWnotebook]

And I ask of all of those 'On High'...Why has this disrespectful, confrontational, trouble making troll not been banned?

I have to agree with StickyFingers on this. I don't understand why those previous comments were even in this topic.

Anyway, I want to try and make one more point if I may.

Simply accept your cupability in the untimely demise of the computer.

You live...You learn....You never do it again! Then you move on.

Get it?

The fact of the matter is, I don't believe i'm culpable and here is why. I put the link to this law in a previous post but I want to copy it here for easy access. 161.085 subsection 9 states thus:

"'Recklessly,' when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation."

Now regardless of what we think of the idea of wine being left on a table, nothing illegal is done by that. The law should come into play once she "recklessly" knocked over the wine. Perhaps there is still more I am overlooking, but this seems fairly accurate to me. Thanks again.

 

[ronda_jeremy]

I have to agree with StickyFingers on this. I don't understand why those previous comments were even in this topic.

Anyway, I want to try and make one more point if I may.



The fact of the matter is, I don't believe i'm culpable and here is why. I put the link to this law in a previous post but I want to copy it here for easy access. 161.085 subsection 9 states thus:

"'Recklessly,' when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation."

Now regardless of what we think of the idea of wine being left on a table, nothing illegal is done by that. The law should come into play once she "recklessly" knocked over the wine. Perhaps there is still more I am overlooking, but this seems fairly accurate to me. Thanks again.

Sorry to have misdirected my sorrow. Sadly, my parents were ruined. I sure wish it would have been a laptop.

 

[StickyFingers]

I have to agree with StickyFingers on this. I don't understand why those previous comments were even in this topic.

Anyway, I want to try and make one more point if I may.



The fact of the matter is, I don't believe i'm culpable and here is why. I put the link to this law in a previous post but I want to copy it here for easy access. 161.085 subsection 9 states thus:

"'Recklessly,' when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation."

Now regardless of what we think of the idea of wine being left on a table, nothing illegal is done by that. The law should come into play once she "recklessly" knocked over the wine. Perhaps there is still more I am overlooking, but this seems fairly accurate to me. Thanks again.

Although, I do thank you for the dismissal of the troll "ronda_jeremy"...

I do find it hard that you can not recognize that you are part of the negligence that contributed to the demise of your computer.

Please use some common sense and realize that you are responsible and do hold culpability.

Do I have to remind you....From BB in a previous post:

YOu were, by your own admission, 'on your computer' just prior to the incident.
You, by your own admission, left your computer in a common area without securing it before leaving.
You, by your own omission, did not 'deny' access to the computer to your roommate.
You, by your own admission, did not 'loan' the computer to your roommate or in any way create a 'bailment'.
your roommate's girlfriend, by your own admission (and omission) had an accident in which your computer was damaged.
You, by your own omission, have not proven 'intent' either malicious or otherwise.

This is promimate liability. It was up to you to secure your computer before leaving it in a common area where the likelihood of it being damaged by accident was greater than if you had secured it in your own room or otherwise. You have no intent to cause harm and you have no bailment in which another party assumes responsibility for the computer.

You are responsible for the damage.

 

[ronda_jeremy]

Although, I do thank you for the dismissal of the troll "ronda_jeremy"...

I do find it hard that you can not recognize that you are part of the negligence that contributed to the demise of your computer.

Please use some common sense and realize that you are responsible and do hold culpability.

Do I have to remind you....From BB in a previous post:

Should we be surprised that StinkyFingers would respond as "it" has?! StinkyFingers had to ask for advice about how to "protect" two innocent creations referred to as "children".

 

[StickyFingers]

Should we be surprised that StinkyFingers would respond as "it" has?! StinkyFingers had to ask for advice about how to "protect" two innocent creations referred to as "children".

Oh please go stalk someone else....You are wasting your time.

OH WAIT!.....I guess I just made into the "stalked" group!

Guess I passed the initiation period!...

.Damn....Let it go..and the psycho people will come...

 

[WoWnotebook]

So I will use common sense, and here is what I come up with:

From BB's previous post:

YOu were, by your own admission, 'on your computer' just prior to the incident.

Duh, it's my computer.

You, by your own admission, left your computer in a common area without securing it before leaving.

Yes, why in the name of common sense should I close up my computer in my own home, there certainly is no law telling me to do that. This would also imply that one could never, under any circumstance remove themself from their notebook for any amount of time no matter what applications were running.

You, by your own omission, did not 'deny' access to the computer to your roommate.
You, by your own admission, did not 'loan' the computer to your roommate or in any way create a 'bailment'.

Here, I will admit, I do not fully understand these ideas. He has had previous access but I certainly never granted him access on this occassion, especially since I was still running programs in my absence...nonetheless.

your roommate's girlfriend, by your own admission (and omission) had an accident in which your computer was damaged.
You, by your own omission, have not proven 'intent' either malicious or otherwise.

Common sense would tell us that of course she didn't intentionally pour wine onto the computer, however, I have proven her reckless nature towards the situation. Is that not clear or am I wrong in my interpretation.

This is promimate liability. It was up to you to secure your computer before leaving it in a common area where the likelihood of it being damaged by accident was greater than if you had secured it in your own room or otherwise.

The thing is though, common sense would allow our minds to realize that if he had never gotten on the computer, and if she had never acted recklessly then the likelihood of the computer being damaged was and is completely nill. Again, I apologize if this seems nonsensical, however, in my own interpretation of the phrase, this all seems quite plausible.

 

[john123456]

Well there is this one. BB is consistant in his stance although IAAL seemd to belive differently.https://forum.freeadvice.com/showthread.php?t=286592&highlight=laptop spilled drink

this one. BL is on the BB team.https://forum.freeadvice.com/showthread.php?t=260646&highlight=laptop girl steps on laptop on floor

I understand it partially but, it seems that his could be applied to many situations where the careless/negligent party ends up paying.

Heck, in a true "accident" involving a car, rain slick road, driver never in an accident before. Car slides off the road hits parked car. Now I really think the driver will be held liable but he would be no more the cause of damgae than the girl with the wine (in my mind). As I see it using the proximate liability rule,,,,sh*t happens. Both were careless in their actions but I don't think the driver is goin to get off by saying the other guy left his car in the way.

After all, the laptop was left within the OP's premises so OP had a legal right to do so.
Any reasonable person would understand that if I knocked over a glass of wine, it would spill and if next to a computer, damage it. Therefore, forseeable to a reasonable man. But maybe I'm being unreasonable.

I guess this is why you guys get the big bucks,,,,, to confuse the hell out of us so you can charge the big bucks to explain it to us.

Just wait until you need electrical work, there will be hell to pay Cleaning up all those spilled electrons is hard and expensive work.

thanks BB, I will continue my education off-thread to so as to quit hijacking.

justalayman:

Have you considered law school? You seem to have an affinity for law.

 

[Shay-Pari'e]

Hum! What about that "horribly abusive" spouse of yours? Still letting him toss goose eggs at those little *******s of yours"?


This is the third post I saw tonight that you are actually stalking Sticky.

Get a life dude, because I can assure you she has resourses on this site.

Your posts have also been saved and copied.

Ronda, you need to see a shrink.

 

[BelizeBreeze]

So I will use common sense, and here is what I come up with:

From BB's previous post:

Duh, it's my computer.
Yes, why in the name of common sense should I close up my computer in my own home, there certainly is no law telling me to do that. This would also imply that one could never, under any circumstance remove themself from their notebook for any amount of time no matter what applications were running.
Here, I will admit, I do not fully understand these ideas. He has had previous access but I certainly never granted him access on this occassion, especially since I was still running programs in my absence...nonetheless.
Common sense would tell us that of course she didn't intentionally pour wine onto the computer, however, I have proven her reckless nature towards the situation. Is that not clear or am I wrong in my interpretation.

The thing is though, common sense would allow our minds to realize that if he had never gotten on the computer, and if she had never acted recklessly then the likelihood of the computer being damaged was and is completely nill. Again, I apologize if this seems nonsensical, however, in my own interpretation of the phrase, this all seems quite plausible.

I'm not going to continue this diatribe any further. You have your answer. If you don't believe it or don't like it, you are free to file in small claims court to attempt to recover any damages you might feel you deserve.

As for the rest of you, get it while you can. This thread is soon closing.

 

[BL]

ATTN: Blonde Lesbianese: Stop posting your drunkeness. You are representative of the drunken selfish pig who stole my parents from me. You are not an original. Drunk killers have been around as long as the "oldest tricks in the books".

Drunken idiots such as yourself believe you are doing the innocent victims a "financial favor" by imploding massive awards for the survivors of your atrocious acts.

I have a great idea. Supply the addresses of your "loved ones" and we can play hide from the drunk driver. Wanna? You want pain?

You need to be banned . You know nothing about me , and you never will . You go around accusing members and stalking them . Get a life .... Did you give to the cause and donate and receive a poppy this year ? I did .