Host Liability for damages (3 Viewers)

[dpeks13]

I dropped my phone in the toilet reacting to this post. @MC_CPA where should I send the invoice?

 

[upNdown]

If you carry around an iphone without a protective case, you're assuming a huge amount of risk.

 

[ekricket]

Ask your homeowners insurance if you are responsible for this damage

 

[shorticus]

Me when I get to your game with my iPhone 7

You’re totally responsible for this!

 

[ekricket]

Rereading this -the phone still works? And you could cover the cracks and protect it from further damage by putting it in a case? I’d buy them a case at most I think.

 

[Taghkanic]

I am a putz. My friends are just as much a putz as I am. If we held each other responsible for something broken, the circle of money will become bigger than 3rd world countries entire economy. We don't hold each other responsible because one of us were stupid enough to leave something behind. Does that make us stupid putzes or smart putzes?

Putting on my half-Jewish hat:

klutz — a clumsy person
putz — a dipshit

 

[dpeks13]

Tell him you'll fix it but have a $1000 deductible. Then print out some forms for him to fill out. Problem solved!

 

[Taghkanic]

Anyway…

1) Why did the player have his significant other’s phone at the game? Was s/he there?

2) Why was the phone not in a protective case?

3) Why did the player leave his s/o’s delicate, unprotected, unwarrantied phone in a precarious place where it could easily get knocked down onto a hard floor?

4) Where on earth did they get this extortionist repair price?

They should go to the nearest mall, where an immigrant with a kiosk will gladly replace it for $100, tops. Or go to one of those mobile repair sites that solicits quotes and sends someone out. If it’s out of warranty, it’s not like a third party repair is going to void anything important.

You’re a good person for feeling bad… But the player and his s/o are lame and dickish if they are trying to get you to pay full freight. At most I’d offer them a hundo, but honestly this is as much or more on them for being careless than on you.

As far as a waiver, I can’t imagine doing that. Players should be adult enough to know that shit happens, especially when they don’t safeguard their own stuff. If players need to be told this… Get different players.

True negligence would be something more like hosting in a basement space with only one rickety staircase exit when a fire broke out. In which case I doubt some seat-of-the-pants waiver would hold up in any court.

 

[tabletalker7]

Putting on my half-Jewish hat:

klutz — a clumsy person
putz — a dipshit

That makes us all klputzes then. Both apply. But that doesn't answer the question. Are we stupid for not holding others accountable or are we smart for realizing that things like a broken phone aren't worth losing friends over?

 

[JWC]

That makes us all klputzes then. Both apply. But that doesn't answer the question. Are we stupid for not holding others accountable or are we smart for realizing that things like a broken phone aren't worth losing friends over?

I placed my iPad in a precarious place a few years ago, and a friend knocked it onto the ground. Somehow they felt liable, and offered to pay, but I told them it was entirely my fault. I still haven’t taken the time to replace the screen, as it just wasn’t that badly broken. I can’t imagine hitting up my friend for $100 much less $900.

 

[inca911]

Sounds like you offered to pay for the phone, so that's done. I would not expect guests invited to my home to sign any liability waiver, nor would I think posted signage regarding someone's assumption of risk provides adequate protection. What if someone trips and breaks a limb on your property outside your house before reaching the theoretical posted sign? Seems like you would be liable and a rabbit hole I prefer not entering.

I have a $2MM balloon insurance policy with a deductible higher than an iPhone cost if someone falls down my stairs or off my roof. If you are really concerned about liability for damages experienced or caused by a guest at your home game, I suggest you do something similar plus hire competent legal counsel in your locale for advice. Personally, that sounds like an expensive waste of time.

 

[KHarp1]

After rereading OP I'm not convinced this is a "friend" as many are claiming. Just states that someone playing at a game he/she was hosting. I can't imagine a friend would feel compelled to exact full/new replacement payment from a friend. This is where I would weigh how good of a friend they are versus how good of a friend I am.

I would reconsider my offer to pay for replacement, offer a reasonable repair compensation, and, not invite them back. This is not the kind of person that I want hanging around my house...no matter how loose they may be with their money in a poker game.

 

[bergs]

Since you already offered, give him $29 for duct tape and an iPhone case and tell him AT&T and Verizon both regularly run specials for decide trade-in with the device in any condition.

If he demands more or initiated the reimbursement request, I wouldn’t feel comfortable with this person at my house, using my stairs, eating and drinking at my house, and driving to/from my house. Cheap price to pay to keep undesirable people out of your home game, tbh.

 

[ekricket]

give him $29 for duct tape

That clear tape from the post office is the same thing they use on helicopter blades I think.
It’s “glass” tape.

 

[MC_CPA]

We agreed on 700 out of pocket from me and 200+tax for them so it worked out

 

[drdr]

We agreed on 700 out of pocket from me and 200+tax for them so it worked out

Sorry, but this seems like you've been scammed. Unless you are so filthy rich money means nothing.

 

[Taghkanic]

Are you inviting this person back to the game? (I wouldn’t.)

 

[SetToBean]

We agreed on 700 out of pocket from me and 200+tax for them so it worked out

How on earth did this happen after everything said in this thread? Did they blackmail you? Do they have some special power over your reputation?

Me being cynical and risk-averse, my immediate reflexive thought is that this may send a message to everyone who is aware of the incident that you may be easily swayed, or even a potential mark. Be wary of future similar incidents.

 

[MC_CPA]

In most situations the liability is in the owner for not securing the phone in a "safe" place. I think sharing the cost would be the friendly thing to do.

Yes, costs were shared.

The phone owner is responsible for their own stuff left in precarious peril.

The average age of the patrons at my game is 20, they don't know any better.

You can't contract out of negligence.

Yes this is true thanks for sharing I didn't think about it.

Screen replacement or back replacements cost $100.

iPhone 14 Pro Max back case is glass. The back is integrated and not cosmetic. Apple quoted $919 CAD. Recommend you get a case.

Why would you have an expectation that they would carry Apple Care? I think this is unrealistic and I don't think you can really get it on iPhones older than 2 models behind the current model, and SE .

While I break down the cost of the apple care, I would also weight it against the cost of cases and screen protectors as only a psychopath would walk about with 0 protection on a 1100 USD phone.

Yes I expect they have apple care if they have no case.

I dropped my phone in the toilet reacting to this post. @MC_CPA where should I send the invoice?

Recommend you don't use your phone on the toilet not hygienic.

Me when I get to your game with my iPhone 7

View attachment 1429541

I don't have the ability to ban people but this is one way to get banned lol. The wildest story was they had a wrestling match last year (I wasn't there) and I think some people got kicked out.

Rereading this -the phone still works? And you could cover the cracks and protect it from further damage by putting it in a case? I’d buy them a case at most I think.

Yes but it has glass shards coming out. At a minimum they would have to vacuum out the glass shards. Then cover with a case. Still not waterproof.

Anyway…

1) Why did the player have his significant other’s phone at the game? Was s/he there?

2) Why was the phone not in a protective case?

3) Why did the player leave his s/o’s delicate, unprotected, unwarrantied phone in a precarious place where it could easily get knocked down onto a hard floor?

4) Where on earth did they get this extortionist repair price?

1) She busted out and was facetiming friends or whatnot who knows. But yea phones should stay on person I'll advise other people next time.

2) Not asked

3) I have to check but I believe the venue had carpets. Not asked though.

4) Official Apple flagship store at local mall. I wouldn't compromise on repairs they'll just need another one a month or two down the line.

After rereading OP I'm not convinced this is a "friend" as many are claiming. Just states that someone playing at a game he/she was hosting. I can't imagine a friend would feel compelled to exact full/new replacement payment from a friend. This is where I would weigh how good of a friend they are versus how good of a friend I am.

I would reconsider my offer to pay for replacement, offer a reasonable repair compensation, and, not invite them back. This is not the kind of person that I want hanging around my house...no matter how loose they may be with their money in a poker game.

It's a University poker club. I bring the chips and gear and sometimes the prizes and they bring some prizes/players/book a university room to play at. I act as the TO/Sponsor. I'd consider everyone there a friend. With that being said the S/O is the S/O of the President of said club. But either way regardless of who it was I would still offer to pay. It's not up to me on who is allowed or not allowed to play. I wouldn't ban them though.

Are you inviting this person back to the game? (I wouldn’t.)

You don't fix a mistake for $700 and not invite them back IMO that would be silly. Now they'll be more careful. It's a free club and I wouldn't ban them it was an accident. If it was a cash stakes game then of course they get the invite back to win the $ from.

How on earth did this happen after everything said in this thread? Did they blackmail you? Do they have some special power over your reputation?

No it's all right they even compromised and offered to pay $200 of the $900 I initially accrued so all good. The S/O was the S/O of the President of said club, that was a small factor but not a big factor. I would've paid it anyway.



Overall though the $700 I paid means a cut in funding that they'll get. There will be no table toppers in the foreseeable future for when I bring the Tiger Palace chips... table toppers might have to wait until Spring 2025.

 

[Machine]

We agreed on 700 out of pocket from me and 200+tax for them so it worked out

Thanks for the follow up, ppl's reaction is because they hate to see someone taken advantage of

no table topper means the chips will take more abuse

 

[NotRealNameNoSir]

.

 

[jayfiggy]

Overall though the $700 I paid means a cut in funding that they'll get. There will be no table toppers in the foreseeable future for when I bring the Tiger Palace chips... table toppers might have to wait until Spring 2025.

Tiger Palace… no table topper… tell me you aren’t banging them around on hard plastic or wood?

Also you really trust them with your TP chips after this whole incident? I mean a phone case is pretty no brainer, I don’t expect them to respect your poker chips if they don’t even respect their own $700+ phone that they use everyday.

I don’t mean to tell you what to do. But it all just seems odd to me.

 

[wickedwonka121]

Tiger Palace… no table topper… tell me you aren’t banging them around on hard plastic or wood?

Also you really trust them with your TP chips after this whole incident? I mean a phone case is pretty no brainer, I don’t expect them to respect your poker chips if they don’t even respect their own $700+ phone that they use everyday.

I don’t mean to tell you what to do. But it all just seems odd to me.

And $700 is low for a phone these days. We in 4 figure territory now.

 

[MC_CPA]

Tiger Palace… no table topper… tell me you aren’t banging them around on hard plastic or wood?

Also you really trust them with your TP chips after this whole incident?

What's wrong with hard plastic and chips?

To prevent chips from going missing I'll raffle off some local live chips at the start of the next event if all chips are accounted for at the end of the night. At least this way the damage is accountable rather than unknown.

It's different from the cash set too so there's literally no point in taking a chip.

 

[jayfiggy]

What's wrong with hard plastic and chips?

To prevent chips from going missing I'll raffle off some local live chips at the start of the next event if all chips are accounted for at the end of the night. At least this way the damage is accountable rather than unknown.

It's different from the cash set too so there's literally no point in taking a chip.

I’m not sure if there’s anything scientifically wrong with it, but I can imagine that it would just increase wear of the chip. More flea bites, quicker edge rounding, etc…

I guess my main point is why spend thousands of dollars getting extremely nice TP chips and not spend even a few hundred making sure they stay in the best condition as possible for a few toppers?
I think you can probably find somewhere offering them for $60-70 a pop, which will be pretty affordable in comparison to the chip price, no matter the # of tables you have.

 

[NotRealNameNoSir]

What's wrong with hard plastic and chips?

To prevent chips from going missing I'll raffle off some local live chips at the start of the next event if all chips are accounted for at the end of the night. At least this way the damage is accountable rather than unknown.

It's different from the cash set too so there's literally no point in taking a chip.

So you bring your chips, your cards, hosting for these people, and plan on giving stuff away in raffles if they don't steal your shit? Are they 3rd graders? Good God.

 

[upNdown]

I guess my main point is why spend thousands of dollars getting extremely nice TP chips

I wouldn't say EXTREMELY . . .

 

[Bluegrass Poker]

This made my head hurt. Honestly why not just admit it was all your fault and buy them a new 16. No way you are responsible for this.

 

[dpeks13]

 

[OTGladiator]

Hi PCF,

Yesterday while cleaning up at the end of an event I was hosting, I broke cracked the glass back of one of my player's significant other's phone. Was putting away chips into a suitcase and the suitcase must have bumped the phone off the table. It was one of those glass iPhones and since it's an older model without AppleCare the back glass replacement cost is ~$900. Thankfully that is denoted in Canadian dollars so it's not as bad. I have since offered to pay for it.

My question is if going forward I should have a liability clause that players must agree to before participating. For reference, Ceasars uses something like:

"By participating in the tournament, players agree that ~ shall not have any liability for any loss, damages, claims, costs, causes of action or injury whatsoever including, but not limited to, personal injury, accident or death, property damage, disappointment or inconvenience arising from any act, omission or negligence whatsoever relating to the tournament or the receipt, ownership, possession or use of any prize."

Does anyone have any thoughts on how they deal with damages at their home games or similar experiences they'd like to share?

No way I’d feel responsible!! I know that you feel some sympathy if it’s a home game and you know all the players, but they gotta have common sense and realize that was on them for leaving it unprotected.