Broken property at gym

Tara4

I was working out in the gym today and it appears that through my own negligence I may have damaged a Spanish girls beats headphones.

I was doing a bicep curl with a bar and I couldn't find any weight pins for the bar. I tried lifting without the pins and the weights fell and possibly damaged the headphones.

I'm wondering what position this leaves me in legally ? I gave the girl my number and she said she would charge the headphones and tell me whether they were working.

I've watched enough judge Judy to know that I possibly have to make this girl 'whole'. By that I mean I might have to replace these headphones with ones of commiserate value ie. Second hand beats headphones.

If this girl gives me proof that the headphones are broken. I will need proof that she has tried to repair them. Or indeed written proof that they are beyond repair.

What position am I in legally? Should I expect the gym's insurance to cover it ? How much for a second hand pair of beats headphones ?

Thanks

PrettyBoy

Tara4 wrote: »

Should I expect the gym's insurance to cover it ? How much for a second hand pair of beats headphones ?

What planet are you on if they're broken as a result of you dropping weights on them then do the right thing and buy her a new pair (ie. brand new from a retailer).

Cockadoodledoo

Tara4 wrote: »

I was working out in the gym today and it appears that through my own negligence I may have damaged a Spanish girls beats headphones.

I was doing a bicep curl with a bar and I couldn't find any weight pins for the bar. I tried lifting without the pins and the weights fell and possibly damaged the headphones.

I'm wondering what position this leaves me in legally ? I gave the girl my number and she said she would charge the headphones and tell me whether they were working.

I've watched enough judge Judy to know that I possibly have to make this girl 'whole'. By that I mean I might have to replace these headphones with ones of commiserate value ie. Second hand beats headphones.

If this girl gives me proof that the headphones are broken. I will need proof that she has tried to repair them. Or indeed written proof that they are beyond repair.

What position am I in legally? Should I expect the gym's insurance to cover it ? How much for a second hand pair of beats headphones ?

Thanks

Where were the headphones?

Dravokivich

Your lucky it wasnt someone's foot. Why did you continue without the plates being secure?

Just help her get new headphones if they are broken and get over it.

mayota

Tara4 wrote: »

I was working out in the gym today and it appears that through my own negligence I may have damaged a Spanish girls beats headphones.

I was doing a bicep curl with a bar and I couldn't find any weight pins for the bar. I tried lifting without the pins and the weights fell and possibly damaged the headphones.

I'm wondering what position this leaves me in legally ? I gave the girl my number and she said she would charge the headphones and tell me whether they were working.

I've watched enough judge Judy to know that I possibly have to make this girl 'whole'. By that I mean I might have to replace these headphones with ones of commiserate value ie. Second hand beats headphones.

If this girl gives me proof that the headphones are broken. I will need proof that she has tried to repair them. Or indeed written proof that they are beyond repair.

What position am I in legally? Should I expect the gym's insurance to cover it ? How much for a second hand pair of beats headphones ?

Thanks

If you broke the headphones have a bit of respect for yourself and buy the girl a new set.

TheAnalyst_

I wouldn’t if the headphones were laying on the ground. Only if they were actually on her person.

Tara4

Cockadoodledoo wrote: »

Where were the headphones?

They were on the floor.

is_that_so

Yeah just replace them and stay away from shouting lawyer. Things like this happen.

JeffKenna

Was she good looking? This could make the difference...

Mod
Pls stay on topic or stay off the thread

Cockadoodledoo

Tara4 wrote: »

They were on the floor.

Both to blame in my opinion. They shouldn’t have been left on the floor either.

TheAnalyst_

It’s a gym. Heavy weights get lifted and fall about. Pisses me off when I see people leave phones on the floor beside a rack of plates.

Tara4

Dravokivich wrote: »

Your lucky it wasnt someone's foot. Why did you continue without the plates being secure?

Just help her get new headphones if they are broken and get over it.

Actually they were only 5 kg weights. It's pretty unlikely they would have damaged anyone's foot.

bunderoon

Pretty straightforward. You went and lifted weights without the pin. With the pin in and her earphones being on the floor, they wouldn't have gotten broken.

Tara4

PrettyBoy wrote: »

What planet are you on if they're broken as a result of you dropping weights on them then do the right thing and buy her a new pair (ie. brand new from a retailer).

Yeah thanks. But unfortunately for her I'm not father Christmas. If I broke a second hand pair of headphones I'm only liable to replace them with a second hand pair of headphones.

I was recently made unemployed so money is an issue.

TheAnalyst_

Don’t offer anything. Her fault.

is_that_so

Cockadoodledoo wrote: »

Both to blame in my opinion. They shouldn’t have been left on the floor either.

Nah, you've got to secure your weights. I'd also say you check the area around you for stupid behaviour like this. You might say something about it but you're at fault.

Still waters

Tara4 wrote: »

Actually they were only 5 kg weights. It's pretty unlikely they would have damaged anyone's foot.

Drop one on your foot the next day you're in the gym and let us know

whiskeyman

Who leaves headphones on the floor?
Anyone could have walked on them.

If they are cheap enough, the offer to replace is a nice gesture.

If they are a couple of hundred that the OP doesn't have, I sure wouldn't be forking out.

One eyed Jack

Tara4 wrote: »

Yeah thanks. But unfortunately for her I'm not father Christmas. If I broke a second hand pair of headphones I'm only liable to replace them with a second hand pair of headphones.

I was recently made unemployed so money is an issue.

If the person bought them second-hand, then they’re a second-hand pair of headphones. If the person bought them new, then they’re not second-hand. Either way you’ve already admitted liability so you’re responsible for compensating her for the value of the headphones, however much that may cost you. Your own personal financial circumstances are irrelevant - you broke something belonging to someone else which was entirely your own fault through your own carelessness in not securing the equipment you were using.

Caranica

Tara4 wrote: »

Actually they were only 5 kg weights. It's pretty unlikely they would have damaged anyone's foot.

I've broken bones in my foot from a1l glass bottle, weighs a lot less than 5kg

Tara4

One eyed Jack wrote: »

If the person bought them second-hand, then they’re a second-hand pair of headphones. If the person bought them new, then they’re not second-hand. Either way you’ve already admitted liability so you’re responsible for compensating her for the value of the headphones, however much that may cost you. Your own personal financial circumstances are irrelevant - you broke something belonging to someone else which was entirely your own fault through your own carelessness in not securing the equipment you were using.

I'm taking it that you're not a lawyer. AFAIK I don't legally have to replace second hand for new. Also the fact they were on the floor create extenuating circumstances.

I'll replace like with like but if she demands a new pair. She can take me to small claims court and we'll let a judge sort it out.

PrettyBoy

Tara4 wrote: »

Yeah thanks. But unfortunately for her I'm not father Christmas. If I broke a second hand pair of headphones I'm only liable to replace them with a second hand pair of headphones.

You've already admitted that the headphones were broken as a result of your negligence

Tara4 wrote: »

I was working out in the gym today and it appears that through my own negligence I may have damaged a Spanish girls beats headphones.

And how do you know how long she's owned the headphones? If she bought them earlier this week would you still consider them to be second hand?

Tara4 wrote:

I was recently made unemployed so money is an issue.

You've been unemployed for a good while now but has that prevented you from buying cannabis since you were sacked? You damaged someone elses property as a result of a stupid decision you made - why do you think the owner of the headphones (or the gym's insurance company) should pay for the damage caused by your stupidity?

micar

Tara4 wrote: »

through my own negligence I damaged a girls beats headphones

If it were yours that was damaged , would you expect the person who broke them to be replaced.

I think so and with a new ones

Have you googled the headphones.....model and cost.

It seems you want to try to find away to avoid replacing them....that's what Judge Judy would say ..... you broke them , you replace them.

PrettyBoy

Tara4 wrote: »

I'll replace like with like but if she demands a new pair. She can take me to small claims court and we'll let a judge sort it out.

Easy to know you haven't got much going on. You can put everything you've learned from watching Judge Judy into practice, let us know how it goes.

Mod
Pls be nice here

One eyed Jack

Tara4 wrote: »

I'm taking it that you're not a lawyer. AFAIK I don't legally have to replace second hand for new. Also the fact they were on the floor create extenuating circumstances.

I'll replace like with like but if she demands a new pair. She can take me to small claims court and we'll let a judge sort it out.

You’re looking for legal advice in a forum where posters aren’t permitted either to seek legal advice, or give legal advice. I wasn’t giving legal advice, I was giving you practical advice - you’ve admitted you’re responsible for damaging another person’s property, and no amount of waffle about extenuating circumstances is going to overcome that fact. That’s your question asked and answered.

As for how much replacing the value of the property you have admitted to damaging already will cost you, that’s anyone’s guess really.

duffman13

Tara4 wrote: »

I'm taking it that you're not a lawyer. AFAIK I don't legally have to replace second hand for new. Also the fact they were on the floor create extenuating circumstances.

[B[I'll replace like with like but if she demands a new pair. She can take me to small claims court and we'll let a judge sort it out.[/B]

Tbh if it was me and you said that to me id go the small claims court, you won't win.

As for the rest of your post, you might wanna seek legal advice which will cost about the same as a new pair of headphones

Dia_Anseo

If I were the OP I would replce the earphone pronto but without liability and get the Spanish girl to sign a declaration that she cannot pursue for further damages.

The earphones could have been a family airloom passed to the Spanish girl from her mother on her dying bed. The Spanish girl could rightfully pursue the OP for compensation for trauma, days off work as a result of this trauma and further ancillary costs that could easily run into 10's of thousands of euro, just because the OP wouldn't replce the 125 euro earphones.

Mod
Steady on

GarIT

Tara4 wrote: »

I'm taking it that you're not a lawyer. AFAIK I don't legally have to replace second hand for new. Also the fact they were on the floor create extenuating circumstances.

I'll replace like with like but if she demands a new pair. She can take me to small claims court and we'll let a judge sort it out.

If she had headphones nobody else ever wore you replace them with the same model of headphones that nobody else has ever worn. There's no way I'd wear headphones someone else had worn.

To me is somewhat depends on where the headphones were. If they were under or in the immediate vacinity of the machine she was using then it's your fault, if they were out in the middle of nowhere far away from her you might have a case.

BDI

You can’t leave stuff on the floor. Where people lift weights. What if you finished your set and put the bar down on them.

Earphones go in ears or in pockets. What if I left my earphones beside Pavel when he is removing a brick wall on a building site? Should Pavel buy me new headphones?

Would Usain Bolt have to buy me new headphones if I left them on the finishing line?

I have deadlifted and benched without the pins in a million times, it’s fairly common.

Odyssey 2005

Wanting to replace someone's earphones with second hand ones says it all really. Would the op buy a 2nd hand hairbrush, toothbrush, underwear for herself ?.

endacl

Tara4 wrote: »

I was recently made unemployed so money is an issue.

Best cancel that gym membership so. You could spend the time you used to spend there taking a long hard look at yourself.

Mod
Pls be civil here

disposableFish

Tara4 wrote: »

I'm only liable to replace them with a second hand pair of headphones.

That's a totally unreasonable attitude to take about something that's worn on the person.

endacl wrote: »

Best cancel that gym membership so.

If they find out what happened then OP won't need to cancel it.

paw patrol

weights fall in a gym all the time that is a given - she should have secured her items but instead she left the ear phones on the ground.
she deserves nothing, you should give her nothing.

micar

paw patrol wrote: »

she should have secured her items but instead she left the ear phones on the ground.

OP needs to be clear where exactly they were as they were hardly in the middle of the floor.

I leave my stuff beside / under the bench in working on and I make sure they aren't in anyone's way.

Padre_Pio

This is never going to court so why are you speaking like it will?

You were negligent. It's bad practise to lift unsecured weights, especially if you can't even handle them. You broke someones headphones. Replace them.
Doesn't matter if they were on the floor. It's common that people leave things on the floor in a gym.

Enough of this sh*te talk of second hand. Just buy her a new set. I wouldn't wear headphone that have been on someone else's head, why should she?

Cop yourself on.

Padre_Pio

paw patrol wrote: »

weights fall in a gym all the time that is a given - she should have secured her items but instead she left the ear phones on the ground.
she deserves nothing, you should give her nothing.

Only amateurs lift unsecured weights. It's very bad practice.
Only amateurs accidentally drop weights. You should have a spotter or know what you can lift.

There's a reasonable expectation that people using gym equipment know how to use it. It's probably written on the wall of the gym or in the T&Cs

Fann Linn

You should've blamed her OP.

Diceicle

At a push I'd offer a voucher for part payment towards a new pair - how old was the pair she had and why TF would you leave an expensive set of headphones on the floor of a weights room ? Likely to be stepped on.

monkeysnapper

I cant believe this thread....

The girl leaves headphone on ground and they get broken ..... bloody silly ..

OP tell girl your sorry but you leave headphones on your ...uuufghhh HEAD .... give her 10/20 quid and tell her to buy herself some cheap ones for gym ....

It's up to her to look after her own property....

Padre_Pio

monkeysnapper wrote: »

I cant believe this thread....

The girl leaves headphone on ground and they get broken ..... bloody silly ..

OP tell girl your sorry but you leave headphones on your ...uuufghhh HEAD .... give her 10/20 quid and tell her to buy herself some cheap ones for gym ....

It's up to her to look after her own property....

Broken through negligence.

Also we don't know where they were. Benches in my gym are quite close. Nobody walks in between them. Nobody drops weights either.
If inm put my phone on the ground I'm very sure it's not going to get broken.

Unless someone lifting weights that are too heavy and not clipped and too proud or careless to ask for a spotter happens to stand beside me.

You can spin the story either way. We're just getting one opinion.

BDI

Padre_Pio wrote: »

Broken through negligence.

Also we don't know where they were. Benches in my gym are quite close. Nobody walks in between them. Nobody drops weights either.
If inm put my phone on the ground I'm very sure it's not going to get broken.

Unless someone lifting weights that are too heavy and not clipped and too proud or careless to ask for a spotter happens to stand beside me.

You can spin the story either way. We're just getting one opinion.

Weights get dropped all the time. I don’t think you have ever been in a gym. Every heavy dumbbell set on a bench the dumbbells get dropped.

Every pr heavy deadlift the bar gets dropped.
There is a deadlift exercise where you start with one plate on each side, you do a rep somebody each side adds a plate and you do another rep, you keep going up until you near fail then the lads start taking a plate off each rep.

It happens with bench press too.

There’s a reasonable expectation that weights will be rolling about and dropping. What if she dropped off the pull-up bar and stumbled onto them or had to drop the weight off her back on a squat?

If you spend a few hundred quid on earphones you shouldn’t leave them on a gym floor.

disposableFish

BDI wrote: »

Weights get dropped all the time. I don’t think you have ever been in a gym. Every heavy dumbbell set on a bench the dumbbells get dropped.

You're expected to follow reasonable procedures to limit this happening.
OP didn't follow basic rules and was thus negligent.
Which is a moot point because...

They admitted responsibility already.

is_that_so

BDI wrote: »

Weights get dropped all the time. I don’t think you have ever been in a gym. Every heavy dumbbell set on a bench the dumbbells get dropped.

Every pr heavy deadlift the bar gets dropped.
There is a deadlift exercise where you start with one plate on each side, you do a rep somebody each side adds a plate and you do another rep, you keep going up until you near fail then the lads start taking a plate off each rep.

It happens with bench press too.

There’s a reasonable expectation that weights will be rolling about and dropping. What if she dropped off the pull-up bar and stumbled onto them or had to drop the weight off her back on a squat?

If you spend a few hundred quid on earphones you shouldn’t leave them on a gym floor.

Personally think there's a fair bit of bravado to the dropping thing! Weights in question were 5kg! Any gym I've ever been in the heavy stuff is well off out of the way. You still need to check for people being dumb wherever you're doing stuff. It's common sense, good manners and good for H&S as well.

Padre_Pio

BDI wrote: »

Weights get dropped all the time. I don’t think you have ever been in a gym. Every heavy dumbbell set on a bench the dumbbells get dropped.

Every pr heavy deadlift the bar gets dropped.
There is a deadlift exercise where you start with one plate on each side, you do a rep somebody each side adds a plate and you do another rep, you keep going up until you near fail then the lads start taking a plate off each rep.

It happens with bench press too.

There’s a reasonable expectation that weights will be rolling about and dropping. What if she dropped off the pull-up bar and stumbled onto them or had to drop the weight off her back on a squat?

If you spend a few hundred quid on earphones you shouldn’t leave them on a gym floor.

3 examples where weights fall on the floor. None are representative of what happened.
Assh*les drop weights on purpose.
Amateurs drop them by accident.

Either way it shouldn't happen and it's irresponsible. Again, there's probably signs in the gym telling people not to drop weights.

Dia_Anseo

Have I read correctly that the OP expects the GYMs insurance to pay?


What the heck!!

Purple Mountain

Are you assuming that the headphones were 2nd hand?

Padre_Pio

Purple Mountain wrote: »

Are you assuming that the headphones were 2nd hand?

I think the assumption is since they're not brand new, they should be replaced by new ones.

I don’t know who is sadder, the op for looking for legal advice, or the posters saying it is the girls fault for leaving earphones on the ground. Phones/earphones are ubiquitous in gyms, if someone damaged them while misusing equipment, common decency should mean you replace them.

Dia_Anseo

Dav010 wrote: »

I don’t know who is sadder, the op for looking for legal advice, or the posters saying it is the girls fault for leaving earphones on the ground. Phones/earphones are ubiquitous in gyms, if someone damaged them while misusing equipment, common decency should mean you replace them.

These are the "people" in our society, the same people that will bang their car door against your brand new car and wonder why you're giving them dirty looks!

I hate them! Wish we could employ Hitleresque punishmnet on them!

mikemac2

If you cannot handle the weight get a spotter. You didn’t secure the weight OP and you need to pay up

joeguevara

What answer are you looking for? She is not going to take a civil case against you so the legal position you asked for is that.

If you want to pay then pay. Theoretically she should be put in the same position as before so if they were battered then that's all she gets. If new then new.

It's your conscience that will determine the outcome. Be cool to go on Judge Judy though.