Damage to belongings from leaking can of drink?

neilmcl

photome wrote: »

I was with the OP until I saw the list of damages.

Disregarding the costly items

how was a cloth case damaged? isnt it washable

How was the lunch damaged.

How were the pencils damaged

I also find it strange so much damage occured and also very difficult to prove it wasnt opened in your bag

To be fair the OP did say they're only interested in getting the Ipod replaced.

daytona0

matilda.cs wrote: »

£40 leather bag
£199 Gold 32GB iPod Touch
£30 portable charger
£5 cloth iPod case
£3.29 on spoiled lunch
£20 small tool kit in a leather case (case is damaged and the tools are showing signs of water damage/rust despite best efforts to protect them)
£15 pack of 24 staedtler pencils
2 hours of notes and work, which while it has no direct monetary value, had to be reproduced (£10 per hour?)


Total damages of £332.29 (£312.29 without work reproduction)


To be honest, it's really just the iPod I'm concerned about, being that it belongs to my 10 year...

May also potentially be required to obtain independent fault reports to determine the cause of the damage for each item....

If I was a company entertaining such a claim then that £199 iPod is the first thing on my mind! Prove that it was water damaged and not just one you broke a week earlier.

You may also need to provide an invoice of the costs of each item. Receipts and bank statements etc. You may also get a reduced amount depending on how long you've had said items.

Also, to what extent could you wash that £40 leather bag and restore it to the same condition?

Also, are you possibly responsible for the damage caused to the pencils and the lunch simply because you didn't store them safely? You couldn't argue that you weren't liable for a few snapped pencils if it wasn't in a protective case and the ipod whacked it in half!

Can you prove the cost of your time to be £10? Does your work have tangible value or is it just something you can replace with some minor inconvenience?

The £5 iPod case - was that something which should have protected the iPod from minor water damage? May be worth exploring that route if so!

Tools rusting in less than a day whilst being submerged in about half a can (at most) of Monster? Very skeptical on that. Sounds more like you chucking in an extra item to a possible claim.... Sadly I haven't been able to evidence this but I did find an experiment which may have been done by someone in school which shows that a nail didn't rust when submerged in coke for 8 days (https://prezi.com/rlmp77mrkta_/which-liquid-will-rust-a-nail-the-fastest-coke-apple-juice-orange-juice-water-or-vinegar/).


So all in all a few red flags and a few things which could possibly be proven to have been water damaged. Good luck if you decide to pursue this!

Poppie68

neilmcl wrote: »

Clearly there's not much left in the can as he had to tip right over to get some to come out, so it's quite conceivable that most of it could have ended up in the bag if it was left on it's side.

It wasn't tipped right over, it was tipped slightly more than levelled out. It dripped out but supposedly for a sort amount of time before it 'ran' from the bottom of the bag, but yet damaged so much? How much liquid came out when they were playing about with it after and still left with some to post a YouTube video?

ScorpiondeRooftrouser

cookie365 wrote: »

So are you saying that this favours the OP, because it's not beyond the realms of possibility that it could happen, or are you saying it favours the seller, because it it was a possibility we'd be hearing many more examples of it happening to others?

I'm saying that seemingly unlikely outcomes will happen if the circumstances that can give rise to them are repeated a very high number of times.

Whether this favours the OP or not is dependent on the actual chance of the can being opened by being hit by something in her bag. I don't know this.

But saying "it would be very hard for a can to be opened like this in a bag" is not an argument in the OPs favour, because of the huge number of times cans are put into bags. Of course, it might not be a one in a million chance. It might be impossible. It might be a one in 500 billion chance. I have no idea. I suspect can manufacturers do.

As for hearing about it happening to others, "can spills in bag" is hardly going to be front page news.

Poppie68

The aluminium drinks cans are made from are thinner these days, it may not be a manufacturing fault, it could of happened anywhere after its left the production line, and be harder to prove a case.

Silver-Surfer_2

Blackbeard_of_Perranporth wrote: »

BoP now interrupts for the couldn't careless!

OP, an energy drink, consumer, purchased can of nice energising sugared water from a shop in town. They put it in their satchel. Unfortunately, the container sprang a leak, causing unforetold damage to numerous electronic trinkets, that happened to also be in satchel.

They have managed to save electronic device capable of taking video, and uploaded this to a video sharing website. Everyone in the world can view said, alleged, leaking can. Video is inconclusive about how leak is caused.

Contact has been made with some monster. Shop is unaware a problem exists. It is thought op was off on holiday when they used some non taxing search engine in response to their thread.

Children have not been harmed.

BoP now gives his learned advise.
Having checked this case with those at the bar, it is considered that op checks their house insurance for accidental damage.
I am off back now for another wobbleade.

Perhaps next time before you make a ruling, you consider all of the evidence.

matilda.cs wrote: »

Ah, thanks neilmcl


I'm not a fan of HappyMJ's response, but I still value all responses.
I don't have house insurance that will cover the item. The charger wasn't a fortune, but it was around £30. It seems counter intuitive to just accept a hoodie when all that damage has occurred due to something beyond my control!

Blackbeard_of_Perranporth

Silver-Surfer wrote: »

Perhaps next time before you make a ruling, you consider all of the evidence.

Hence why op is going through this route?

On further advice I have received from my learned peers at the bar, some sharp pointed object could had torn a hole in said energising drink can. Though, why it had not previously damaged the luxury leather satchel case is unknown.

daytona0

Blackbeard_of_Perranporth wrote: »

Hence why op is going through this route?

On further advice I have received from my learned peers at the bar, some sharp pointed object could had torn a hole in said energising drink can. Though, why it had not previously damaged the luxury leather satchel case is unknown.

Aren't you in Thailand or somewhere as exotic as that?

Lorian

The code on the bottom of the can will have already allowed them to looks at their seam analysis results for that production batch. However the leak looks to be from the ring pull rather than the top seam. The video shows a can that is NOT in pristine condition - look at the creasing by the barcode, and there are some marks on the bottom that don't look like they were formed during production. Don't think there is much hope of such a big claim being met here.

Tigsteroonie

Lorian wrote: »

The code on the bottom of the can will have already allowed them to looks at their seam analysis results for that production batch. However the leak looks to be from the ring pull rather than the top seam. The video shows a can that is NOT in pristine condition - look at the creasing by the barcode, and there are some marks on the bottom that don't look like they were formed during production. Don't think there is much hope of such a big claim being met here.

I hadn't noticed but yes, you can tell that the can isn't in pristine condition.

That doesn't mean that the OP did the damage. It's possible that somebody else in the store dropped/damaged the can, maybe when restocking the shelf, maybe a customer. But it is perhaps a lesson for us all to check a can for damage before putting it unwrapped into a handbag containing an expensive iPod.