Friend refusing to pay for damage he caused.

calvinr22

Hi all, this is a bit of a confusing situation for me however I am livid but still don't know what to do. Here's the story:

I'm a fifth year student attending a secondary school in Meath. I arrive at school each morning at about 8:10am, which leaves me with 45 minutes-ish to do whatever I want, so I usually have breakfast. at about 8:30am my so called "friend" Dan, arrives at school. This morning, the 20th of September, it was a typical day, he arrived and I was catching up on some homework. He arrived and sat opposite me in our canteen area and started catching up on some homework too. About 5-10 minutes after he arrived one of the reps for the breakfast club came out and offered everyone a piece of fruit, I took a mandarin and set it to the side.

Out of no where, Dan bashed the mandarin with his fist and thought it was hilarious and to be fair I laughed a bit too. In a jokingly way, I smacked him with my pencil case and said "you gob****e you killed the fruit" and we laughed. As I leaned over to pick up the burst mandarin, he hit my elbow a few times giving me a dead arm. During this my phone fell out of my pocket but only onto the bench, it was fine. To get it out of my way I put it in my pencil case and zipped it up.

Suddenly Dan picked up the pencil case and threw it at a wall, hard. I didn't remember straight away that my phone was in the pencil case but when I did and picked up the pencil case, Dan was gone to his locker as it was 8:55am, almost time for class. Before trying to find him I obviously checked the phone for damage. The screen wasn't cracked but the LCD was and was not displaying anything. I tried removing the battery I tried everything it would not turn on.

The worst part about this is, it's not even my phone. It's a Galaxy S4 that a relative let me borrow as I has lost my phone a couple of weeks prior, and I'm still waiting for the insurance company to send me a replacement.

Anyway, furious, I went and confronted him and called him this and that, the same as anyone would if a fool threw their property at a concrete wall. It's beyond me why he done it in the first place, considering not only was my phone in it but so was my calculator and they aren't cheap either, an extremely high level of immaturity if you ask me.

So at 1:00pm, lunchtime, I walked into the town to a shop that fixes phones. I got a repair quote of €100 so I said okay and walked out and stormed back to school and told him. He looked at me and said "Why are you telling me" I replied "Because you broke it? How would you feel if I threw your phone at a wall" he then smirked and replied "I wouldn't feel anything I'd just make you buy me that new phone I was looking at then **** you 6 feet into the ground" Some nerve?

So at last the final class of the day comes and I spent that writing the story on a sheet of paper but in less detail since I didn't have as much time as I do now, and put it into the student comment box, so our year head will see it tomorrow.

So later that day I text him saying why did you throw my pencil case in the first place and he goes "karma for hitting me with your pencil case and for not doing your homework" what has not doing some of my homework got to do with any of this? He instigated the whole thing by bashing my mandarin. It went on and on until I told him that it's only fair he pays for the repair of the phone, he then told me to go f*ck myself, and the conversation ended there.

Finally, he is going on holidays tomorrow for 2 weeks so I won't see him, what should I do? I can't wait around to get the screen repaired because my auntie wants it back in the next few days and if she finds out what happened to it I'll be shot, so should I pay for it myself then get the school to get in contact with his parents so I can get the money back? Because I know for a fact if I done anything like what he done to my phone today his parents would be on my back faster than I could blink.

What should I do?

Chavways

Sounds like Dan isn't your friend anymore...

Get your parents involved if you think they will have any sway on the situation but to be honest, I can see it being brought back to "it was only a pencil case. I didn't know there was a 400 euro phone in there" from his side of things.

calvinr22

I agree, but he still shouldn't have thrown it in the first place

ted1

Chalk this one up as a lesson learnt

calvinr22

That won't get my phone fixed...

gctest50

calvinr22 wrote: »

........ I didn't remember straight away that my phone was in the pencil case but when I did ..............

Break in the chain there, you could've dropped the phone again

Or the phone could've been broken before you put it in the pencil case

Gatling

Two choices really pay to fix the phone or buy and new phone because your friend isn't going to pay up .

Consider it a life lesson

gctest50

Novus actus interveniens .................... is what your looking for

the_syco

calvinr22 wrote: »

Out of no where, Dan bashed the mandarin with his fist and thought it was hilarious and to be fair I laughed a bit too. In a jokingly way, I smacked him with my pencil case and said "you gob****e you killed the fruit" and we laughed. As I leaned over to pick up the burst mandarin, he hit my elbow a few times giving me a dead arm. During this my phone fell out of my pocket but only onto the bench, it was fine. To get it out of my way I put it in my pencil case and zipped it up.

Suddenly Dan picked up the pencil case and threw it at a wall, hard.

Live by the sword, die by the sword. You hit him with the pencil case, and thus he threw the pencil case at the wall.

54and56

Just text/what's app him to say the phone was damaged when he threw the pencil case against the wall, it's going to cost you €x to get it fixed and you'd appreciate it of he'd pay 50% as you were both acting the pr1ck and should share the responsibility.

If he's really your friend he'll agree, if he doesn't then he's not much of a friend so chalk it down to experience and move on.

In fairness there's no way he could be expected to think that a pencil case you'd been hitting him with could contain a €400 phone. You set a precedent when you treated the pencil case irresponsibly yourself so he has plenty of mitigation in his favor.

Jerichoholic

If you were willing to piss about and hit him with the pencil case it's your fault. How was he to know your phone was in it? I have a pocket.

roadrunner16

https://www.youtube.com/watch?v=78-4RobJQ0Y

I'd pay it and leave him behind.

foxatron

Did Dan know your phone was in the pencil case? If he didn't, not much you can do. Sometimes **** just happens i'm afraid.

Tigger

roadrunner16 wrote: »

https://www.youtube.com/watch?v=78-4RobJQ0Y

I'd pay it and leave him behind.

this is one of my favorite parables
i knew before i clicked what it would be

roadrunner16

Tigger wrote: »

this is one of my favorite parables
i knew before i clicked what it would be

It so useful !!

deadanonymau5

Did you meet his parents before? Are they decent? Do you think they'd pay the 100 Euro if they found out?

cloloco

Don't worry, just own up to your parents about the phone being broken, it will all be ok.

I don't think there's much point in trying to get him to pay anything towards it, he probably didn't even know it was in there.

Less horse-play and maybe avoid the messers from now onwards.

Wesser

What is the relevance of .......what time you arrive at a school ....... What you eat for breakfast....etc etc.

very long drawn out story.

droidman123

You said you text him later that day to ask him why he did it,how did you text him?

FrostyJack

This belongs in AH where it will receive the appropriate responses

Tigger

FrostyJack wrote: »

This belongs in AH where it will receive the appropriate responses

I thought the opposite when I say it was here
At least here it gets relatively mature responses

BettePorter

You were bantering about and the phone got damaged. Its not like he randomly arrived at table, grabbed phone and flung it at wall. You were both acting the maggot and phone got the worst of it in the mix . Granted he coulda offered to pay half but hes obviously not going to so thems the breaks as they say.

Glass fused light

calvinr22 wrote: »

The worst part about this is, it's not even my phone. It's a Galaxy S4 that a relative let me borrow as I has lost my phone a couple of weeks prior, and I'm still waiting for the insurance company to send me a replacement.
I got a repair quote of €100
I can't wait around to get the screen repaired because my auntie wants it back in the next few days and if she finds out what happened to it I'll be shot, so should I pay for it myself

What should I do?

The important bit:
You pay for the repair and tell your auntie that she can have the replacement phone the insurance company is sending out if she wants it and you get to keep the repaired Galaxy s4.

As for the rest
I dont see the point of trying to get the school involved unless you want to them to investigate a disciplinary over your and Dan's actions? The cost of the repair is not their responsibility.

GBX

So Dan threw the object you hit him with because he killed a fruit? And you hit him with the pencil case.
Serves you right. If somebody hit me with something id take it and it them back twice as hard. Count yourself lucky perhaps you didn't get it across the head so.

Suck it up and pay for it yourself. Don't be blaming him on the phone. As you said you laughed about this orange but still hit him with the case. You're at fault.

deadanonymau5

Wesser wrote: »

What is the relevance of .......what time you arrive at a school ....... What you eat for breakfast....etc etc.

very long drawn out story.

The squashing of the mandarin was a key moment in the build up to the pencil case throwing thus the phone breaking.

sammysnail016

oh to be young and have no problems!

bajer101

FAILSAFE 00

Back in the day if a school buddy threw my pencil case at a wall with my Nokia 3310 in it he'd have to pay for the damage to the wall.

batistuta9

edit: childlike & bad advise but ...

steal the books from his locker & sell them

or else you're going to have to get into a fight

endagibson

Chavways wrote: »

400 euro phone

You'll have to travel back in time for a Samsung Galaxy S4 to meet that description.

5rtytry56

endagibson wrote: »

You'll have to travel back in time for a Samsung Galaxy S4 to meet that description.

Call Austin Powers OP.

Ush1

If he knew your phone was in there, ask him to pay up. If he doesn't pay, learn some kickboxing, swift shin to the dome.

Miaireland

What are his parents like? If they are decent people and he knew the phone was in the pencil case. Contact them and explain the situation and request that they talk to there son and encourage him to do the right thing. Have the receipt for repair.

Stealthfins

I remember someone squashed my Iron Maiden tape,told him he'll look like Eddie if he's not careful.

Eddie's the guy on the front cover

endagibson

calvinr22 wrote: »

To get it out of my way I put it in my pencil case and zipped it up.

Suddenly Dan picked up the pencil case and threw it at a wall, hard.

So he knew that the phone was in there, correct?

wandatowell

This Dan sounds like a serious dude.

GreatDefector

deadanonymau5 wrote: »

The squashing of the mandarin was a key moment in the build up to the pencil case throwing thus the phone breaking.

Funny enough, it's like the Scorsese of storytelling

3hrs long but full of character depth, touching and very moving story

The pencil case's death though gory was artistic and the final reveal that the phone was inside the entire time... well that was just...

Head in a box stuff

endacl

Jaysus. Teenagers and phones...

el_gaucho

roadrunner16 wrote: »

https://www.youtube.com/watch?v=78-4RobJQ0Y

I'd pay it and leave him behind.

You beat me to it!
So true though.

face1990

But for his actions the phone wouldn't be broken - novus actus interveniens, mentioned above.

However, you were the first to mess around with the pencil case. He can't be expected to know that you put a phone into it later on.

So although he was the one that threw it, it was proportional to the horseplay you had already taken part it.
And a pencil case is not safe place to keep a phone (not least because no-one expects it to contain a phone).

My verdict: you were negligent, you pay. If he's really decent he might pay half, but is not obliged to. Both of you learn a lesson about respecting other people's stuff.

listermint

Op it's a long time since an S4 was a 400 euro phone. Buy a second hand one off adverts. This is up for 80 could get it for last there are others

http://www.adverts.ie/11399937

Or buy your own screen and fix it yourself it's easy videos all over the place.

Either way he's still your friend. You'll get over it


http://m.ebay.ie/itm/New-For-Samsung-i9500-Galaxy-S4-LCD-Display-Screen-Touch-Digitizer-Frame-Blue-T-/182231938755?nav=SEARCH

bajer101

Green Peter

Growing up can be a bitch!

realitykeeper

You could mention the small claims court to see if that loosens the purse strings. I would not actually go to the small claims court but a confident bluff may work. The fact that you hit him back jokingly gives him the opportunity to say you smashed his skull in, almost. Putting down to a lessen learned is good advice, the lesson is worth a lot more than the phone.

endacl

realitykeeper wrote: »

You could mention the small claims court to see if that loosens the purse strings. I would not actually go to the small claims court but a confident bluff may work. The fact that you hit him back jokingly gives him the opportunity to say you smashed his skull in, almost. Putting down to a lessen learned is good advice, the lesson is worth a lot more than the phone.

The other party, unlike many posters on boards, may be aware that the SCC ≠ Judge Judy. A confident bluff may leave him looking like a tool.

SteM

realitykeeper wrote: »

You could mention the small claims court to see if that loosens the purse strings. I would not actually go to the small claims court but a confident bluff may work. The fact that you hit him back jokingly gives him the opportunity to say you smashed his skull in, almost. Putting down to a lessen learned is good advice, the lesson is worth a lot more than the phone.

You can't bring an individual to small claims court.

Harvey Normal

I'd be careful. Hitting somebody with a pencil case big enough to hold a Samsung is possible criminal assault. Even if he squashed your mandarin. Breaking a phone accidentally is a civil matter.

endacl

SteM wrote: »

You can't bring an individual to small claims court.

Yes you can.

5rtytry56

endacl wrote: »

Jaysus. Teenagers and phones...

Could be the name of a movie.

..Anyone remember "Women & Cigarettes"
with James Gandolfini and Christopher Walken?

Probably not teenagers...they would have been babies.

28064212

endacl wrote: »

Yes you can.

Only if that "individual" is acting as a business (e.g. sole trader):
http://www.courts.ie/Courts.ie/Library3.nsf/0/50A0FEDF19079201802574050061745F?OpenDocument

To be eligible to use the procedure, you, the 'consumer' must have bought the goods or services (or the service) for private use from someone selling them in the course of business.

StereoSound

I got my big brother to batter the shoite out of someone who broke my radio controlled car. It was a hobby grade one and not a toy.. went to the school yard to use it and he crashed it into a tree and mangled it. I said to him..."you pay for that or I'll get my brother to batter the snot out of you, you big tosspot!".. He said no, so my brother battered him.. He gave my brother £30 for parts to fix it. Result! Sometimes the old ways are the best.. This was back in 96'.

Anyways back to android phones lol.....