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AIBU?

More of a WWYD... Waitress dropped dish of olive oil onto my phone, now it's broken.

185 replies

MaryPoppinsPenguins · 22/05/2016 11:19

She was very appoogetic, and I wiped it over with a napkin and turned it upside down, but the oil has obviously got in to the piece where you hear people talking to you and you can't hear anything. So essentially, I can't make or receive calls.

Is there anything I can actually do about this? I mean, they're not going to replace my phone are they Confused... Is it just bad luck and move on?

OP posts:
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PUGaLUGS · 22/05/2016 11:44

You should have called the manager straight over to the table when it happened. For all he knows you could be telling fibs.

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EponasWildDaughter · 22/05/2016 11:45

My comment was to those suggesting OP should use her phone ins.

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Becky546 · 22/05/2016 11:46

This reply has been deleted

Message withdrawn at poster's request.

MovingOnUpMovingOnOut · 22/05/2016 11:46

None of that is the op's problem or responsibility Write. It is the restaurant's liability and they should have adequate insurance to deal with such situations.

You even say "the chances of a spill are always there" which is showing a foreseeable liability. Therefore they should be insured for their own potential issues.

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WriteforFun1 · 22/05/2016 11:48

Eponas, yes, I know, but when I took out my home insurance they said the option for accidental damage to phone etc was available so if restaurant says no that's another option.

as I say, I don't know how it works but given that most places cover themselves carefully I imagine that there might be a reply of "we serve food and drink so there is a risk and you accept it". Not saying right or wrong, just suggesting the OP try her insurance.

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HermioneJeanGranger · 22/05/2016 11:48

E-mail head office and state what you expect to happen. But they may well tell you you took a risk by leaving your phone out near spillable objects (drinks, etc.) and that you need to claim on your own insurance for accidental damage.

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shinynewusername · 22/05/2016 11:50

I don't think they will pay. The purpose of a restaurant table is to put food & drink on it and it's not as if they spring it on you - you have ordered it Smile.

If you choose to put anything else on the table, whether it's a phone, book or papers, you take the risk of getting food & drink spilled on it. Waiting staff cannot be expected never to spill anything as they put it down. It would be different if the waitress had spilled the drink into your bag where you could reasaonably have expected your phone to be safe.

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angielou123 · 22/05/2016 11:50

You probably shouldn't have left the restaurant without getting something sorted.

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EponasWildDaughter · 22/05/2016 11:50

Fair point.

I guess my knee jerk reaction is subconsciously linked to car insurance and the loss of no claims Grin

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tiggytape · 22/05/2016 11:53

This reply has been deleted

Message withdrawn at poster's request.

MaryPoppinsPenguins · 22/05/2016 11:54

I didn't realise until later that it didn't work, not until I tried to make a call. I turned it on and used the screen which worked so thought 'phew!'

I've emailed head office. I'm sure they won't pay for my phone, but it's really frustrating.

OP posts:
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MovingOnUpMovingOnOut · 22/05/2016 11:55

It's the same with home insurance. Once you claim you pay more. Plus the op may not even be covered as she wasn't responsible for the damage!

If you go to a restaurant you expect to pay for a meal and drinks and you have a reasonable expectation of leaving the restaurant in the same state you entered it. Are some of you seriously suggesting you should expect to leave a restaurant wearing your dinner or with your phone damaged by the waiting staff? Because that's just ridiculous.

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ohtheholidays · 22/05/2016 12:00

If they refuse leave them a review online stating what happened when you ate there.

They hate bad reviews so that should make them pay up.

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SuperFlyHigh · 22/05/2016 12:00

Email them and tweet if need be. Not sure your phone would be covered by damage if you were out by someone else.

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NapoleonsNose · 22/05/2016 12:05

When I worked in retail, if a customer's property was damaged a report was compiled and anything over a certain value would have to go to Head Office for their insurers to deal with. For example, the store was undergoing a refit and there was an area where there was wet paint. It had signs indicating to customers that this was the case, but a lady brushed her expensive leather handbag against it and it got a bit painty. She was compensated to the value of her handbag. Definitely worth escalating to Head Office OP.

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AugustaFinkNottle · 22/05/2016 12:13

They will have insurance to cover this. Don't be defeatist about it.

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dailymaillazyjournos · 22/05/2016 12:16

I do think it should come under accidental damage to a customer's property and that you should be given the money for a new phone. I agree that email is good because you have a record to refer to

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KitKats28 · 22/05/2016 12:18

The problem is, accidents happen in a restaurant. In restaurants I have worked in, this would have required a report to be written up at the time in case of further problems afterwards.

For all the restaurant knows, your phone was damaged elsewhere and you are trying to claim from them. I'm not saying this is what happened, but you have to see it from their point of view.

I don't think there is any point ranting on Twitter or Facebook, as you didn't give them an opportunity to sort out the problem while you were on the premises.

If it had been documented in the first place that something had been spilt on your phone, even if you thought it still worked, then you would have had more leverage when you later discovered it didn't work.

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Coconutty · 22/05/2016 12:18

This reply has been deleted

Message withdrawn at poster's request.

bloodyteenagers · 22/05/2016 12:19

When I go to restaurants I would not expect to have stuff spilt on the table, my possessions or myself.
There's many legitimate reasons why a person may leave a mobile on the table.

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KitKats28 · 22/05/2016 12:22

dailymaillazyjournos most restaurants will have a sign up somewhere saying that they take no responsibility for your property

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MovingOnUpMovingOnOut · 22/05/2016 12:25

They mean it being stolen KitKats28. Not we have a free reign to be as incompetent and negligent as we like without come back.

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HermioneJeanGranger · 22/05/2016 12:25

ASK won't care about a bad review! They're not a tiny independent, they're a nationwide chain with mediocre food at the best of times.

I think the most you can do is complain to head office and see if you can get a replacement, but I think you need to be prepared for them to say "well, you had your phone on the table. There's always a possibility for things to get spilled in a food environment".

Lots of phone companies have insurance that cover accidental damage to property, as do credit cards - it's worth looking if ASK won't pay.

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AdrenalineFudge · 22/05/2016 12:31

I'd go further up the food chain to see it through. I think it would be a lot more difficult if it were an independent store refusing to pay up.

Good luck and don't be fobbed off with a voucher!

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randomsabreuse · 22/05/2016 12:32

It would not be unusual for my phone (and wallet) to be on a table in a restaurant. I'm pretty allergic to handbags and it is not exactly comfortable sitting with my phone in a pocket...

There are non use related reasons for phones to be on a table!

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