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Liability for Damaged Palm Pilot

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NASATimp

Guest
Hello,

I am 19 years old and a resident of Michigan. Two days ago I was at a party at a friend's house (I was an invited guest), whose parents were supervising (the guests were all teenagers, high school students and a few college freshmen like myself). The parents also had several of their adult friends over at the same time.

When I arrived at the party, I carried my bathing suit and towel under my arm, with my car keys still in my hand, and walked over to the pool to say "Hello" to my friends, who had arrived earlier.

While I was standing next to the pool, one of the parent's adult friends (a man named Ray, about 40 years old), shoved me into the pool (intentionally) and then ran away laughing. He sought to play a joke and thought it was funny.

Well, I was fully clothed (with shoes and socks and even wearing a hat at the time). The biggest problem, however, was that my 2-month-old, $400 Palm Vx organizer was in my pocket. It can survive rain, humidity, and getting splashed, but is only water-resistant, not waterproof. Getting totally immersed in water ruined it; it's currently totally unusable (won't even turn on). This of course is not covered under the warranty.

Ray is apparently not financially well-off, and the parents initially verbally offered to pay for the device, which I accepted of course. (I know they might not be liable really, they were just covering their friend). Now, however, they seem to have indicated that they feel it was foolish of me to have my Palm near the pool. I am not sure if I will be reimbursed for my damaged Palm or not.

I feel, however, that in being fully dressed I had sufficiently expressed my intent NOT to get into the water, and that in any event, it was not accidental that Ray shoved me in (there were plenty of people around that saw it; he admits that he did it on purpose anyway).

It would be one thing if I'd been wearing a bathing suit, but while fully clothed there was no excuse for a grown man to shove me in the pool.

Who do you feel is liable in this situation? Am I liable at all?

Legally, what are my options if I do not recover any money or a replacement Palm Vx voluntarily from either the parents or Ray? I don't wish to make a big deal out of it, but in truth it was a graduation present to me, I'm just a student, and I can't afford to replace it myself.
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by NASATimp:
Hello,

I am 19 years old and a resident of Michigan. Two days ago I was at a party at a friend's house (I was an invited guest), whose parents were supervising (the guests were all teenagers, high school students and a few college freshmen like myself). The parents also had several of their adult friends over at the same time.

When I arrived at the party, I carried my bathing suit and towel under my arm, with my car keys still in my hand, and walked over to the pool to say "Hello" to my friends, who had arrived earlier.

While I was standing next to the pool, one of the parent's adult friends (a man named Ray, about 40 years old), shoved me into the pool (intentionally) and then ran away laughing. He sought to play a joke and thought it was funny.

Well, I was fully clothed (with shoes and socks and even wearing a hat at the time). The biggest problem, however, was that my 2-month-old, $400 Palm Vx organizer was in my pocket. It can survive rain, humidity, and getting splashed, but is only water-resistant, not waterproof. Getting totally immersed in water ruined it; it's currently totally unusable (won't even turn on). This of course is not covered under the warranty.

Ray is apparently not financially well-off, and the parents initially verbally offered to pay for the device, which I accepted of course. (I know they might not be liable really, they were just covering their friend). Now, however, they seem to have indicated that they feel it was foolish of me to have my Palm near the pool. I am not sure if I will be reimbursed for my damaged Palm or not.

I feel, however, that in being fully dressed I had sufficiently expressed my intent NOT to get into the water, and that in any event, it was not accidental that Ray shoved me in (there were plenty of people around that saw it; he admits that he did it on purpose anyway).

It would be one thing if I'd been wearing a bathing suit, but while fully clothed there was no excuse for a grown man to shove me in the pool.

Who do you feel is liable in this situation? Am I liable at all?

Legally, what are my options if I do not recover any money or a replacement Palm Vx voluntarily from either the parents or Ray? I don't wish to make a big deal out of it, but in truth it was a graduation present to me, I'm just a student, and I can't afford to replace it myself.
<HR></BLOCKQUOTE>

Ray is entirely at fault for playing the practical joke on you. What if you did not know how to swim, was afraid of water or were sick? What if you were wearing your expensive watch and shoes and clothes that could be damaged in chlorine? What if your head hit the side of the pool?

This is a small claims action but could easily be settled out of court if Ray buys you a new Palm Vx device. Pay extra and buy the Pool Palm Vx. Hint at an assault and battery charge if he fails to do the right thing. Then you won't have to make a big splash about it.
 
N

NASATimp

Guest
Thanks for the advice. I'm not aware of any "Pool Palm Vx" though.
 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by NASATimp:
Thanks for the advice. I'm not aware of any "Pool Palm Vx" though.<HR></BLOCKQUOTE>

Sorry it is still in the prototype stage like PottyNet. Pottynet: internet on-line
while on-throne.
 

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