Waitress damaged my phone

halibut2209

I can't believe it took 15 posts before the right answer came out!

Jeff_Bridges_hair

Saver0811 wrote: »

Post number two actually !

The one that you edited at 10:02 this morning to include this information?

Yes, that post.

Jeff_Bridges_hair

Saver0811 wrote: »

It was actually added at 8:10am after confirming with my legal advice !!

10:02 edit was to amend spelling of post !

Post 15

No your claiming that you mentioned this in your post which was post number 2. I read this thread very early this morning and it said nothing of the sort and you have now gone back and edited your post at 10:02AM today to try and make it look like you gave the correct information before shaun did.

Dont worry - some of us moneysavers are wise to peoples tricks.. :T:T

But i wont enter into a debate about it - you done it and its plain to see you have.

wealdroam

Saver0811 wrote: »

Post number two actually !

The entire contents of post #2 as it first appeared are quoted accurately in post #3.

CapJ

Got completely off topic here, though I understand why. Chronology has been clarified so can we draw a line under it now? Back on topic:

Public liability insurance - restaurant may not wish to claim to avoid increase in future etc.

Next steps for OP.

1. Try to get an admission in writing, even email of what actually happened.

2. At the same time try to get the restaurant to pay you for the phone. Shoot for - new phone and they can have the old one and see what they offer (may have to accept less). Whether they claim it off their insurance, deduct some of it from waitress of pay themselves is not your problem - it's theirs.

I would suggest trying to communicate via email. State what happened and ask for replacement phone. See how it goes from there.

spencil_2

Thanks guys. Still waiting for a phone call from the manager but fingers crossed....

BillTrac

spencil wrote: »

Thanks guys. Still waiting for a phone call from the manager but fingers crossed....

Lets hope it's not your iphone they try calling you on..:rotfl:

Seriously though, when I read your original post I thought it served you bloody right. Can't stand people who can't leave their bloody mobiles alone for a second.And really dislike the !!!!! who have to use their phones whilst eating. If I am eating a meal my phone stays in my pocket, any callers can wait until I am finished.

But I see the phone was in your pocket. So I hope that the restaurant plays fair and puts you back in the position you were before ..ie a working iphone

Good luck

Altarf

ThumbRemote wrote: »

The restaurant have almost certainly been negligent and will have to pay to compensate you.

It depends on how the spill occured if the restaurant was negligent or not.

If the restaurant was not negligent, then their insurance will probably not cover them, and therefore the OP is unlikely to get any money.

shaun_from_Africa

You don't have to be negilent to be liable.
Take a car for example. You could be driving along totally legal at a suitable speed and you have an accident due to a blowout, a bird hitting your windscreen, a sudden pain in your chest etc.
Even though you may not have been negligent in any way, you will still be held liable and it will be your insurance that pays put.

The restaurant will have public liability insurance and not negligence insurance.

hcb42

the restaurant might have insurance, but it will have an excess much higher than the value of a phone, I would imagine. Otherwise they would be claiming on it every other month.

So the problem is getting the restaurateur to admit liability.