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Liability for damages

  • 10-04-2014 4:45am
    #1
    matthiasclaye
    Registered Users, Registered Users 2 Posts: 1 ✭


    So, I was in a restaurant late last night and got locked in a bathroom cubicle by a mop becoming wedged against the door (two of the other guys in my group happened to be in the bathroom at the same time; I'm not in a position to say whether or not they were responsible). In any case, I attempted to force the cubicle door once which apparently caused 'considerable damage' to the door, before being hauled out by the bouncer and subsequently held in the restaurant while waiting for the police to arrive. Upon the arrival of the gardai I was told that I was responsible for any damage caused due to 'negligence' on my behalf. Given that I have no evidence that the damage was anyone's fault but my own, is there anything I can do to mitigate this or am I fully liable for whatever costs the restaurant says it incurred?


Comments

  • #2
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    In what way were you negligent? Also, get better friends.


  • #3
    Peregrinus
    Registered Users, Registered Users 2 Posts: 27,086 ✭✭✭✭Peregrinus


    If they sue you, the onus is on them to show - on the balance of probabilities - that you were negligent.

    It's hard to see how your negligence could have resulted in the mop being wedged against the door from outside when you were inside. Plus, you might reasonably ask why there was an unattended mop lying around in the toilet for patrons to trip over, and whose negligence was behind that?

    I suspect the restaurant suspects, and I suspect you suspect, and I suspect myself that your friends were responsible; that you and they were basically horsing around. (Had strong drink been taken, by any chance?) And I suspect the restaurant's case will basically be that you and unnamed others were all horsing around, acting the maggot and engaging in petty vandalism, and it all ended in tears. And, um, might there be any truth in that at all? And might there be evidence the restaurant could point to of, you know, excessively cheerful behaviour over the course of the evening?


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