If someone spilt a drink on your laptop ...

tommy21

This is a hypothetical but I've always wondered. Say I'm in a cafe using my laptop. Someone knocks a cup of coffee over and hits my laptop. Or vica versa it doesn't really matter. On who's side does the law fall, if at all? It could just as easily be an ipod or a mobile phone. What's to stop them from apologising, giving a sheepish grin and walking off (barr you physically restraining them of course ).

Nody

The problem is you're asking for legal advice which you can not get on this board. In general though it would damage of property so you can replace spilling coffee with throwing a rock at a window; hence standard civilian lawsuit for damages on property would be my guess.

dudara

This is not a Consumer Issue - Moved to Legal Discussion

dudara

seamus

tommy21 wrote: »

Say I'm in a cafe using my laptop. Someone knocks a cup of coffee over and hits my laptop. Or vica versa it doesn't really matter. On who's side does the law fall, if at all? It could just as easily be an ipod or a mobile phone.

In general, the law will fall on the side on the person who owns the laptop as the other person was negligent.

However, I could easily see a strong defence being made of the fact that the laptop owner was handling liquids close to an electronic device and failed to take proper precautions to protect the device.

That said, if you're sitting there on your laptop and someone walks by, trips and throws their coffee all over you and your laptop, it's entirely their fault.

What's to stop them from apologising, giving a sheepish grin and walking off (barr you physically restraining them of course ).

Very little. You have a right to sue, but in order to do that you would need to get their name and address. You cannot physically restrain them, and doing so could have you landed in court on criminal charges.

PCPhoto

seamus wrote: »

In general, the law will fall on the side on the person who owns the laptop as the other person was negligent.

However, I could easily see a strong defence being made of the fact that the laptop owner was handling liquids close to an electronic device and failed to take proper precautions to protect the device.

That said, if you're sitting there on your laptop and someone walks by, trips and throws their coffee all over you and your laptop, it's entirely their fault.
Very little. You have a right to sue, but in order to do that you would need to get their name and address. You cannot physically restrain them, and doing so could have you landed in court on criminal charges.

you can physically restrain someone (best of my knowledge) ...if they are refusing to give their details and leaving the scene of an accident (albeit a minor accident its still illegal) - gardai would probably not care unless it got nasty - and someone got hurt.

tommy21

Thanks for the move mod. Thanks for responses so far, no reason for the question just something I've always wondered. I'd say you'd be leaving yourself open to an assault charge if you tried to restrain someone surely, as Seamus points out?

m5ex9oqjawdg2i

Well if I was the defendant I would claim that you shouldn't have had your laptop in a coffee shop where liquids are everywhere. I wonder is it possible to claim (I forget the term), joint negligence? You contributed to the accident by putting your coffee next to a laptop and it was also accidental. It could turn to a 50/50 or even less for you. That's how I view it anyway.

Also, if you physically hold them I think you may get in a bit of trouble for it

Holding a murderer and a person who spilt coffee on your laptop is a little differant

blubloblu

Sue starbucks and make millions.

whiterebel

Aleena Large Infantryman wrote: »

Well if I was the defendant I would claim that you shouldn't have had your laptop in a coffee shop where liquids are everywhere. I wonder is it possible to claim (I forget the term), joint negligence? You contributed to the accident by putting your coffee next to a laptop and it was also accidental. It could turn to a 50/50 or even less for you. That's how I view it anyway.

Also, if you physically hold them I think you may get in a bit of trouble for it

Holding a murderer and a person who spilt coffee on your laptop is a little differant

Contributory Negligence?:D

seamus

PCPhoto wrote: »

you can physically restrain someone (best of my knowledge) ...if they are refusing to give their details and leaving the scene of an accident (albeit a minor accident its still illegal) - gardai would probably not care unless it got nasty - and someone got hurt.

Nope, you absolutely cannot restrain someone in this case.

You may only restrain someone when exercising a citizen's arrest. In addition, you may only exercise a citizen's arrest for an offence which carries a penalty of five years or more in prison and you must have good reason to believe that the person will avoid apprehension by the Gardai.

Leaving the scene of an accident is only an offence in relation to road traffic and even then it's not an arrestable offence.

There's little or nothing you can do, but if you follow them and make a big enough fuss, you'll probably attract the attention of a Garda who can demand the other person's details. But you could end up with a warning or public order offence yourself in that case.