# 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:** 11\ **Page:** 3
**Author:** ![CrazyCatLady](https://avatars.discourse-cdn.com/v4/letter/c/dfb087/32.png) [@CrazyCatLady](https://boards.straightdope.com/u/CrazyCatLady)\ **Post date:** [November 10, 2011, 6:31pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/41 "2011-11-10T18:31:51Z")
> [@Anaamika](#): > > 😕 Did he say that? The only info we have is that the friend “sent an e-mail asking for him to pay”. The OP should have stepped up and said, “I’ll pay for that man, can you wait until payday?” or whatever. The friend is probably worried he’s not going to get paid, since the OP just dropped the whole thing. > > I’m sorry, I just don’t see merely asking as “passive-agressive”. On the contrary, I feel that is the right thing to do. It removes any ambiguity and it takes away any hints about paying. Straight up is how I prefer it and I wish all monetary things could just go this way. > > I mean, what are you seeing as passive aggresive? No, the email wasn’t passive aggressive. The multiple references to the new phone and telling the third party all about why he has a new phone _the very first time they saw each other after the initial conversation_ is what I find passive-aggressive. > [@](#): > > 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. > [@](#): > > Another friend mentioned he had a new phone and the “story” of how it broke came up. If you’re going to stand there with your hand out and cough, you might as well just ask straight up for the money, ya know? ---
**Author:** ![Anaamika](https://avatars.discourse-cdn.com/v4/letter/a/5f9b8f/32.png) [@Anaamika](https://boards.straightdope.com/u/Anaamika)\ **Post date:** [November 10, 2011, 6:59pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/42 "2011-11-10T18:59:09Z")
> [@CrazyCatLady](#): > > No, the email wasn’t passive aggressive. The multiple references to the new phone and telling the third party all about why he has a new phone _the very first time they saw each other after the initial conversation_ is what I find passive-aggressive. > > If you’re going to stand there with your hand out and cough, you might as well just ask straight up for the money, ya know? Actually, yes, this I agree with. Just ask for it! ---
**Author:** ![SeaDragonTattoo](https://avatars.discourse-cdn.com/v4/letter/s/df705f/32.png) [@SeaDragonTattoo](https://boards.straightdope.com/u/SeaDragonTattoo)\ **Post date:** [November 10, 2011, 7:20pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/43 "2011-11-10T19:20:58Z")
> [@Living\_Well\_Is\_Best\_Revenge](#): > > (snip)…If I had such a delicate, expensive phone, I would have had insurance on it or at least a cover of some sort. This is what I was going to mention. I was wondering if the phone had a case on it. I think if I had to shell out the cash to replace friend’s phone, I would buy him a case for it, too. They really do make a difference on whether the phone withstands one fall or ten. My favorite accessory site is [daydeal.com](http://daydeal.com), if you know the model of the phone, it’s free shipping and the majority of the extensive collection they offer is under $15. I would present it in a way such as; Here ya go, friend! Better have this on that slick new phone next time you let my butter fingers hold 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 10, 2011, 7:24pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/44 "2011-11-10T19:24:15Z")
> [@SeaDragonTattoo](#): > > This is what I was going to mention. I was wondering if the phone had a case on it. I think if I had to shell out the cash to replace friend’s phone, I would buy him a case for it, too. They really do make a difference on whether the phone withstands one fall or ten. My favorite accessory site is [daydeal.com](http://daydeal.com), if you know the model of the phone, it’s free shipping and the majority of the extensive collection they offer is under $15. I would present it in a way such as; Here ya go, friend! Better have this on that slick new phone next time you let my butter fingers hold it!. I love this idea. I think I will buy a case for him. It will be a nice subtle jab… ---
**Author:** ![Candyman74](https://avatars.discourse-cdn.com/v4/letter/c/ad7895/32.png) [@Candyman74](https://boards.straightdope.com/u/Candyman74)\ **Post date:** [November 10, 2011, 7:29pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/45 "2011-11-10T19:29:47Z")
> [@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. What did you say when you dropped it? One would hope the conversation went something like this: You: “Oh no! I’m so sorry I dropped your phone! I insist on paying for the repairs.” Him: “No, no, it’s perfectly OK”; or “Thank you, I appreciate the offer.” However, it sounds like you dropped it and then didn’t even think to offer to recompense him; he didn’t even have chance to refuse your offer because you didn’t make it. So I imagine the following day he thought: Him: “I just thought it seemed rather crass to break my phone and not even offer to pay for it. I would have offered payment to any of my friends if such an accident occurred.” ---
**Author:** ![Candyman74](https://avatars.discourse-cdn.com/v4/letter/c/ad7895/32.png) [@Candyman74](https://boards.straightdope.com/u/Candyman74)\ **Post date:** [November 10, 2011, 7:40pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/46 "2011-11-10T19:40:16Z")
Although, as an addendum to my above post - rereading the OP - sorry, I somehow missed that you didn’t realise it was broken until the next day. Still applies, though! ---
**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 10, 2011, 7:40pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/47 "2011-11-10T19:40:51Z")
Candyman: When I dropped it I picked it up and handed it to him and he put it in his pocket. We were both drunk and didn’t realize it was broken. The next day he called me and told me it was broken and went on and on about the ordeal in the phone store. I then offered to pay for it. I expected him to say no, but he was ambiguous about it. ---
**Author:** ![Candyman74](https://avatars.discourse-cdn.com/v4/letter/c/ad7895/32.png) [@Candyman74](https://boards.straightdope.com/u/Candyman74)\ **Post date:** [November 10, 2011, 7:55pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/48 "2011-11-10T19:55:28Z")
> [@Living\_Well\_Is\_Best\_Revenge](#): > > Candyman: When I dropped it I picked it up and handed it to him and he put it in his pocket. We were both drunk and didn’t realize it was broken. > > The next day he called me and told me it was broken and went on and on about the ordeal in the phone store. I then offered to pay for it. I expected him to say no, but he was ambiguous about it. You were right to offer to pay for it; that’s the decent thing to do. When you say “ambiguous” what do you mean? Presumably you said “I’m so sorry; I’ll pay for it” - what did he say in reply? The expectation of him to say no is the unusual part to me. Sure, if it’s something small, but a new phone ain’t cheap. I would never expect someone to just suck it up. ---
**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 10, 2011, 8:02pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/49 "2011-11-10T20:02:16Z")
> [@Candyman74](#): > > You were right to offer to pay for it; that’s the decent thing to do. > > When you say “ambiguous” what do you mean? Presumably you said “I’m so sorry; I’ll pay for it” - what did he say in reply? > > The expectation of him to say no is the unusual part to me. Sure, if it’s something small, but a new phone ain’t cheap. I would never expect someone to just suck it up. He just sort of carried on his rant about the experience in the cell phone store. I honestly thought he didn’t care about the money as much as he did having wasted half a day in the store. ---
**Author:** ![Brynda](https://avatars.discourse-cdn.com/v4/letter/b/e79b87/32.png) [@Brynda](https://boards.straightdope.com/u/Brynda)\ **Post date:** [November 10, 2011, 8:31pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/50 "2011-11-10T20:31:03Z")
Ah, so maybe he sees the cost as ordeal in the phone store + money, and he is asking you to pay your half, since he went through the ordeal in the phone store. ---
**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\ **Post date:** [November 11, 2011, 9:52pm UTC](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428/51 "2011-11-11T21:52:33Z")
> [@Living\_Well\_Is\_Best\_Revenge](#): > > I think the fact we were drunk makes me less responsible. Not even a little bit. Being drunk makes the drop more _understandable_. It explains why the occurrence was more likely. But, unless someone spiked your drink, it does not in any way alleviate your responsibility. Mature people own up to their actions, even if they were in a somewhat altered state at the time. You either accept that you’re occasionally going to do stupid/clumsy things while drunk, and that you’ll have to pay for damage you cause, or you stop putting yourself in that position. [Previous page](https://boards.straightdope.com/t/broken-cell-phone-who-is-liable/602428.md?page=2)