# Broken Cell Phone: Who Is Liable? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [November 9, 2011, 8:53pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428 "2011-11-09T20:53:14Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Living\_Well\_Is\_Best\_Revenge](https://avatars.discourse-cdn.com/v4/letter/l/6bbea6/32.png) [@Living\_Well\_Is\_Best\_Revenge](https://boards.straightdope.com/u/Living_Well_Is_Best_Revenge)\ **Post date:** [November 9, 2011, 8:53pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/1 "2011-11-09T20:53:14Z")
Me and a friend were out last week. During the course of looking at some pictures on my friend’s phone, I accidentally dropped it. The next day he discovered the phone was broken. He took it to the store and it cost $260 to replace it. Am I liable for replacing it? I’ve had friends break things of mine accidentally in the past and I would never have expected them to pay me for it. Accidents happen. However, this friend has asked me to pay the $260. Opinions? ---
**Author:** ![Moonlitherial](https://avatars.discourse-cdn.com/v4/letter/m/4bbf92/32.png) [@Moonlitherial](https://boards.straightdope.com/u/Moonlitherial)\ **Post date:** [November 9, 2011, 8:55pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/2 "2011-11-09T20:55:07Z")
You’re not legally liable but that’s not really the question. Is the friendship worth $260? If so, pay up quickly and apologetically. ---
**Author:** ![tdn](https://avatars.discourse-cdn.com/v4/letter/t/94ad74/32.png) [@tdn](https://boards.straightdope.com/u/tdn)\ **Post date:** [November 9, 2011, 8:55pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/3 "2011-11-09T20:55:46Z")
Yeah, I’d say you’re on the hook (no pun in ten did) for it. ---
**Author:** ![cherry](https://avatars.discourse-cdn.com/v4/letter/c/da6949/32.png) [@cherry](https://boards.straightdope.com/u/cherry)\ **Post date:** [November 9, 2011, 8:56pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/4 "2011-11-09T20:56:42Z")
Since you dropped it and he asked for you to pay for it I would for the good of the friendship and it seems like the right thing to do. ---
**Author:** ![Living\_Well\_Is\_Best\_Revenge](https://avatars.discourse-cdn.com/v4/letter/l/6bbea6/32.png) [@Living\_Well\_Is\_Best\_Revenge](https://boards.straightdope.com/u/Living_Well_Is_Best_Revenge)\ **Post date:** [November 9, 2011, 8:57pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/5 "2011-11-09T20:57:08Z")
> [@Moonlitherial](#): > > You’re not legally liable but that’s not really the question. Is the friendship worth $260? If so, pay up quickly and apologetically. I am going to pay. I just thought it seemed rather crass to ask me. I wouldn’t have asked any of my friends if such an accident occurred. ---
**Author:** ![Vihaga](https://avatars.discourse-cdn.com/v4/letter/v/b4bc9f/32.png) [@Vihaga](https://boards.straightdope.com/u/Vihaga)\ **Post date:** [November 9, 2011, 8:58pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/6 "2011-11-09T20:58:49Z")
> [@Living\_Well\_Is\_Best\_Revenge](#): > > I am going to pay. I just thought it seemed rather crass to ask me. I wouldn’t have asked any of my friends if such an accident occurred. Likewise, it seems crass to break a friend’s possession and not adamantly insist on paying for the damage you caused. ---
**Author:** ![Moonlitherial](https://avatars.discourse-cdn.com/v4/letter/m/4bbf92/32.png) [@Moonlitherial](https://boards.straightdope.com/u/Moonlitherial)\ **Post date:** [November 9, 2011, 8:58pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/7 "2011-11-09T20:58:55Z")
> [@Living\_Well\_Is\_Best\_Revenge](#): > > I am going to pay. I just thought it seemed rather crass to ask me. I wouldn’t have asked any of my friends if such an accident occurred. Maybe. I probably wouldn’t ask in his position, particularly if you weren’t being a moron before it dropped, but everyone has a different history that drives their actions. ---
**Author:** ![Moonlitherial](https://avatars.discourse-cdn.com/v4/letter/m/4bbf92/32.png) [@Moonlitherial](https://boards.straightdope.com/u/Moonlitherial)\ **Post date:** [November 9, 2011, 8:59pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/8 "2011-11-09T20:59:55Z")
> [@Vihaga](#): > > Likewise, it seems crass to break a friend’s possession and not adamantly insist on paying for the damage you incurred. To be fair it wasn’t immediately apparent that it was broken. From the OP it sounds like the first time he heard of it being broken was when he was asked to pay for it. ---
**Author:** ![Living\_Well\_Is\_Best\_Revenge](https://avatars.discourse-cdn.com/v4/letter/l/6bbea6/32.png) [@Living\_Well\_Is\_Best\_Revenge](https://boards.straightdope.com/u/Living_Well_Is_Best_Revenge)\ **Post date:** [November 9, 2011, 9:00pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/9 "2011-11-09T21:00:45Z")
> [@Moonlitherial](#): > > To be fair it wasn’t immediately apparent that it was broken. From the OP it sounds like the first time he heard of it being broken was when he was asked to pay for it. Yes, that’s true. I didn’t know till the next day. Not sure it matters or not, but we were both a little drunk when it happened. ---
**Author:** ![Vihaga](https://avatars.discourse-cdn.com/v4/letter/v/b4bc9f/32.png) [@Vihaga](https://boards.straightdope.com/u/Vihaga)\ **Post date:** [November 9, 2011, 9:04pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/10 "2011-11-09T21:04:27Z")
> [@Living\_Well\_Is\_Best\_Revenge](#): > > Yes, that’s true. I didn’t know till the next day. Not sure it matters or not, but we were both a little drunk when it happened. Ha! It would matter to me. If you guys were drunk enough to not even realize it was broken, how is he sure you’re even the one that broke it? ---
**Author:** ![Living\_Well\_Is\_Best\_Revenge](https://avatars.discourse-cdn.com/v4/letter/l/6bbea6/32.png) [@Living\_Well\_Is\_Best\_Revenge](https://boards.straightdope.com/u/Living_Well_Is_Best_Revenge)\ **Post date:** [November 9, 2011, 9:05pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/11 "2011-11-09T21:05:24Z")
> [@Vihaga](#): > > Ha! It would matter to me. If you guys were drunk enough to not even realize it was broken, how is he sure you’re even the one that broke it? I think the fact we were drunk makes me less responsible. We were both being idiots. I think it’s safe to say my dropping it broke it. ---
**Author:** ![Anaamika](https://avatars.discourse-cdn.com/v4/letter/a/5f9b8f/32.png) [@Anaamika](https://boards.straightdope.com/u/Anaamika)\ **Post date:** [November 9, 2011, 9:11pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/12 "2011-11-09T21:11:58Z")
Of course you have to pay for it, and of course it’s not crass to ask for the money. I never even heard of this . You broke it, pay for it. This is why I don’t lend my stuff out to anyone. ---
**Author:** ![Living\_Well\_Is\_Best\_Revenge](https://avatars.discourse-cdn.com/v4/letter/l/6bbea6/32.png) [@Living\_Well\_Is\_Best\_Revenge](https://boards.straightdope.com/u/Living_Well_Is_Best_Revenge)\ **Post date:** [November 9, 2011, 9:13pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/13 "2011-11-09T21:13:24Z")
> [@Anaamika](#): > > Of course you have to pay for it, and of course it’s not crass to ask for the money. I never even heard of this . You broke it, pay for it. > > This is why I don’t lend my stuff out to anyone. By your rules, my friends would owe me a lot of money… ---
**Author:** ![Vihaga](https://avatars.discourse-cdn.com/v4/letter/v/b4bc9f/32.png) [@Vihaga](https://boards.straightdope.com/u/Vihaga)\ **Post date:** [November 9, 2011, 9:15pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/14 "2011-11-09T21:15:28Z")
I’d still pay for it if I were the one that broke it. Consider it a life lesson on the perils of handling expensive electronics while intoxicated. ---
**Author:** ![PacifistPorcupine](https://avatars.discourse-cdn.com/v4/letter/p/7ea924/32.png) [@PacifistPorcupine](https://boards.straightdope.com/u/PacifistPorcupine)\ **Post date:** [November 9, 2011, 9:18pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/15 "2011-11-09T21:18:47Z")
I agree that you should pay for it. I don’t know how the conversation went but as soon as he told you that the phone was broken, you should have offered to pay for it. If he didn’t give you a chance before asking for payment then that is a bit crass of him, but if you didn’t offer then it’s crass of you. ---
**Author:** ![Living\_Well\_Is\_Best\_Revenge](https://avatars.discourse-cdn.com/v4/letter/l/6bbea6/32.png) [@Living\_Well\_Is\_Best\_Revenge](https://boards.straightdope.com/u/Living_Well_Is_Best_Revenge)\ **Post date:** [November 9, 2011, 9:22pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/16 "2011-11-09T21:22:09Z")
> [@PacifistPorcupine](#): > > I agree that you should pay for it. I don’t know how the conversation went but as soon as he told you that the phone was broken, you should have offered to pay for it. If he didn’t give you a chance before asking for payment then that is a bit crass of him, but if you didn’t offer then it’s crass of you. I did offer to pay for it right away. I just expected him to refuse to take it, like I would have and have done in the past, but not with this particular friend. After I offered we didn’t see each other for a few days. But last night I had friends over and he mentioned his “new phone” a couple times. This morning he sent me an email asking for the money. ---
**Author:** ![Hampshire](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hampshire/32/4887_2.png) [@Hampshire](https://boards.straightdope.com/u/Hampshire)\ **Post date:** [November 9, 2011, 9:22pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/17 "2011-11-09T21:22:33Z")
I think it was kind of a crass thing to say. “By the way, you owe me $260 since you broke my phone when you dropped it.” They could have handles it better and said “By the way, when you dropped my phone it broke. Now I have to buy a new one for $260.” That puts the ball back in the OPs court giving them the choice to either be a jerk “Oh, well that sucks” or a friend “Oh, I’m sorry about that, I’ll pay for it.” ---
**Author:** ![tdn](https://avatars.discourse-cdn.com/v4/letter/t/94ad74/32.png) [@tdn](https://boards.straightdope.com/u/tdn)\ **Post date:** [November 9, 2011, 9:24pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/18 "2011-11-09T21:24:50Z")
> [@Anaamika](#): > > Of course you have to pay for it, and of course it’s not crass to ask for the money. I never even heard of this . You broke it, pay for it. Yes, most of the time. But there are times when there are extenuating circumstances. Many years ago my roommate, who was a drummer, bought a bass, on which he would snap the strings, funk style. One night I, a guitarist, picked it up (with his permission) to play it. The first note that I played, softly, broke a string. He insisted that I buy him a new string. Nevermind the fact that old strings break, and he probably had those on there for a year. Nope, you broke it, you pay for it. ---
**Author:** ![Anaamika](https://avatars.discourse-cdn.com/v4/letter/a/5f9b8f/32.png) [@Anaamika](https://boards.straightdope.com/u/Anaamika)\ **Post date:** [November 9, 2011, 9:24pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/19 "2011-11-09T21:24:57Z")
> [@Living\_Well\_Is\_Best\_Revenge](#): > > By your rules, my friends would owe me a lot of money… Why? Your friends break all your stuff? It’s funny how I’ve managed to make it to thirty-five and not break anything really valuable of my friends’! ---
**Author:** ![alice\_in\_wonderland](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alice_in_wonderland/32/176_2.png) [@alice\_in\_wonderland](https://boards.straightdope.com/u/alice_in_wonderland)\ **Post date:** [November 9, 2011, 9:25pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/20 "2011-11-09T21:25:40Z")
> [@Living\_Well\_Is\_Best\_Revenge](#): > > I did offer to pay for it right away. I just expected him to refuse to take it, like I would have and have done in the past, but not with this particular friend. Honestly, I think I would have insisted if it were me who had done the damage if he had refused. Really, you broke it, you should pay to fix it or replace it. The fact that you offered and he said ‘Yes, thank you.’ doesn’t make him crass. That he had to e-mail you and ask for the $$ makes you a bit crass, IMHO. However, all that out of the way, just pay him. It’s the right thing to do. [Next page](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428.md?page=2)