Liability for damage?

the_manchine

Was in a restaurant last night for a family birthday. I've got a half decent camera (Digital SLR) so I usually end up taking all the pics at these kind of things.

Anyway, one of the waiters knocks it on to the floor and the flash gets damaged - cracked mounting (it's an external one that sits on top of the camera), and now won't work quite right. As it cost me the best part of €300 I mention this to the manager who tells me straight off that "their position is that they take no responsibility".

Can this be true?

If it had been stolen or damaged by someone else then fair enough, but does the restaurant not have to accept some responsibility for actions of their staff?

mikemac

More info needed, was it on the edge of the table and somewhere careless?

For example, if it was on the ground by your chair and the waiter stood on it, I wouldn't blame the waiter. Doesn't apply in your case but just making the point

So where was it exactly?

pow wow

the_manchine wrote: »

Was in a restaurant last night for a family birthday. I've got a half decent camera (Digital SLR) so I usually end up taking all the pics at these kind of things.

Anyway, one of the waiters knocks it on to the floor and the flash gets damaged - cracked mounting (it's an external one that sits on top of the camera), and now won't work quite right. As it cost me the best part of €300 I mention this to the manager who tells me straight off that "their position is that they take no responsibility".

Can this be true?

If it had been stolen or damaged by someone else then fair enough, but does the restaurant not have to accept some responsibility for actions of their staff?

I wouldnt think so from your scenario - if one of your friends had knocked it off the table would you expect them to pay for it or consider it an unfortunate accident?

Unless he grabbed the tablecloth out from under it or made some careless gesture, it just sounds like an accident.

the_manchine

micmclo wrote: »

More info needed, was it on the edge of the table and somewhere careless?

For example, if it was on the ground by your chair and the waiter stood on it, I wouldn't blame the waiter. Doesn't apply in your case but just making the point

So where was it exactly?

It was on a low-ish window sill behind the table. I think he might have been trying to edge in take an order and knocked it over. To be fair to him I think he was new as he made a mess of a few other things too so he mightn't have been watching out for everything that he normally would have.

What you mentioned is similar to what the manager said to me - that I shouldn't have left it on the floor (I agree this is stupid) or on the back of a chair. When I told him where I had left it, it was then he said that they wouldn't accept any responsibility.

I'm not trying to gouge them for the lastest model, if it can be fixed - that's fine. I'd just prefer not to be out of pocket for something that I *thought* I'd left somewhere safe.

SerialComplaint

If you drop a glass which breaks in a pub, do you expect to reimburse the pub?

minxmad

i really cannot see how you think that it is the restuarants fault this happened.The poor waiter obviously didnt have a clue that an expensive piece of equipment was in his way, on a table floor or anywhere!...why on earth would he need to know that even if he was new and just learning the ropes?
I think the manager was perfectly correct in what she said, of course they cannot be responsible for your equipment that was in your care at the time of the accident regardless of what the waiter did!

Just accept that you were careless with your camera for leaving it in an area where it could get knocked over.

This compo culture in ireland can be really sickening at times!

jor el

I don't think the restaurant will be liable for the damage, but the only way to know for sure would be to consult a solicitor. It'll more than likely need a solicitors letter to get anything from them anyway, even if they are liable.

However, since you left the camera on a window sill, hardly a safe and secure place for it, and presumable out of it's case, then it's pretty much your own fault.