Waitress damaged my phone

spencil_2

Looking for advice.

I was at a restaurant today and a waitress dropped a jug of milkshake on me and my iPhone 4.

Since then I have tested it and the speakers are no longer working and I can no longer hear anyone on the other side of the call.

Because it is "water damage" my phone provider will not repair it for free.

I would like to know if the restaurant are liable for the costs of repairing or replacing the phone?

spencil_2

Saver0811 wrote: »

Did you pay for the meal ?

If so, contract ended.

Probably no chance of claiming.

And limited liability anyway.

Clothes cleaned, yes, iPhone, no, it was partially your fault.

Why would a waitress dropping liquid on me be my fault? Seems like an odd point of view?

spencil_2

Glad its not just me then. I was just contemplating whether bringing any expensive items into a restaurant had become some kind of Russian roulette! How ever it gets damaged its your fault for bringing it.

Anyone know the truth of the situation?

pendulum

Saver0811... http://www.legislation.gov.uk/ukpga/1977/50

unholyangel

Saver0811 wrote: »

Example of contract that may be in force...

We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
i. for any loss of revenue, business, anticipated savings or profits; or
ii. for any indirect, special or consequential loss damage, costs or other claims


and


Under the Supply of Goods and Services Act, you have the right to expect reasonable care and service.
The best course of action after complaining is to take your business elsewhere or refuse to pay for the meal.
If you've paid, complain to the restaurant owners.
You are eligible for compensation up to the amount you paid for your meal.

Pay 'under protest' and write on the back of the bill that you are doing so.
This gives you the chance of claiming against the restaurant at a later date.


If you want the restaurant to pay for the iPhone, you may have to sue them, and let the Courts decide.

I think what pendulum is trying to say that by law, you cannot limit your liability with any contractual term or notice. Its the same as shops having a notice saying "no refunds", might be something to look at but its not legally enforcable. The whole point of statutory rights is that they can NOT be removed. Even if you agree otherwise.

As for the 2nd paragraph, what you are quoting relates to the meal/service quality i believe. EDIT: just found the site you copied and pasted from, word for word....link is here:
http://www.consumerrightsexpert.co.uk/howtocomplainaboutyourmeal.html

First port of call imo would be to get a quote for how much it will be to repair the phone or replace, send whatever quote is cheaper to the restaurant along with a letter detailing time and date of visit and what happened.

CapJ

Saver0811 wrote: »

Example of contract that may be in force...

We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
i. for any loss of revenue, business, anticipated savings or profits; or
ii. for any indirect, special or consequential loss damage, costs or other claims


and


Under the Supply of Goods and Services Act, you have the right to expect reasonable care and service.
The best course of action after complaining is to take your business elsewhere or refuse to pay for the meal.
If you've paid, complain to the restaurant owners.
You are eligible for compensation up to the amount you paid for your meal.

Pay 'under protest' and write on the back of the bill that you are doing so.
This gives you the chance of claiming against the restaurant at a later date.


If you want the restaurant to pay for the iPhone, you may have to sue them, and let the Courts decide.

Unless the OP signed this it is going to be very difficult for the restaurant to follow that course. Even a sign up might not be enough as the OP may not have seen it.

CapJ

OP

Have you asked the restaurant?

What proof do you have this happened?

It would seem to me the restaurant could be found liable and the small claims track might be appropriate (assuming they refuse). But in any case you need proof (witnesses or admission)

spencil_2

Hi guys thanks for the replies.

Some more info.

Obviously I have paid and left the restaurant since yesterday so unfortunately its too late to pay under protest etc.

I phoned the assistant manager who has said the general manager will call
E today and having spoken to the waitress acknowledged that the incident had happened.

Saver the waitress actually dumped the drink in my lap. My pockets were full of it which is how my phone got wet. I wouldnt consider this a potentially dangerous place for a phone in a restaurant where the waitresses could walk and chew gum at the same time...

spencil_2

P.s. It seems that my Warrenty doesn't cover liquid damage and the excess on my phone insurance is about £80. Not the end of the world but a rather expensive dinner out considering they didn't even comp my meal.

arcon5

Even if your warranty did cover this, you shouldn't be expected to use it when it was no fault of your own.

Some policies for example have a claim once and thats it rule, you shouldn't therefore be left without a warranty because of this.

I see no reason the restaurant should not be liable for the damage caused and support CapJs comments.

shaun_from_Africa

The restaurant should have public liability insurance in place and I would expect that this would cover the damage to the phone.