Who should pay for the damaged laptop?

I am the deputy editor of a small magazine and last week I had a shoot with a photographer, my sister and her 3 year-old daughter who was modelling a little girl's cardi for the mag. Afterwards, we sat at a table with cups of tea to see the pics on the photographer's laptop. I went to the cafe to get another drink and when I came out, my niece had kicked up a fuss when my sister had tried to take her off her lap and knocked all the drinks over. The photographer's laptop was covered in tea and didn't seem to be working anymore once we'd sponged it off. Now he has rung me to say that it has completely stopped functioning and he has taken it to be fixed. Luckily it's insured but there will obviously be a premium. What I need to know is, who should pay for it? Should it be my company as we were shooting for the magazine, should it be my sister as it was her daughter who upset the tea or should it be the photographer as he took a risk using the laptop with drinks around? Help!

Polo

The photographer.

Fiddlesticks

The photograhper should pay but maybe for diplomacy's sake you could add something small.

This was just a case of bad luck.

Bri

Hmm this one is complex. I think your sister should pay for it. I mean yes the photographer decided to use the laptop with drinks around but I am sure that he also thought your neice would not start a fuss. I mean think about it. ...he decided it as he did...and your sister decided as she did (sitting with her daughter and drinks around a laptop). It was you neice you threw the fuss. I am sure that it may have crossed everyones mind for a split second (the fact of drinks besing so close to a laptop) but no-one did anything probably out of courtesy or doubt.
If your sister or you had of knocked the drinks over by accident then clearly one of you would be responsible however your neice did and your sister is responsible for her actions...............Sorry.

Weed

Where was the Photographer when all this went on ?

ikaffy

I also feel the mag should pay for damage as I can only assume the 3 yr old did not ask to model for these pictures.

Paul S

your company should pay, my reasons are as follows :

1) it was during a shoot which is working time
2) the people involved were all supposed to be there and involved in the shoot
3) is a work related accident, if spilt tea over a PC at work, the company would pay to replace it etc..

althought the moral thing to do would be you sister off to pay something towards it or perhaps a gift of apology.

towanda

I think I would mention it to my sister and see what she has to say. The photographer expects you to pay, so how much do you value him? And I like the idea that the one person said, "Where was he?" You never go off and leave a computer-especially on a table with drinks. If the photographer uses his insurance, then it might be worth your while, and a business write off, to pay the deductable. It's really however you feel. . .

RON M

Your sister should pay as she was responsible for her daughters actions, your niece should not have been where hot drinks could be spilt. Lucky your niece did not get tea spilt on her

swagles

Your company. It was for a photoshoot for your magazine and if you guys were still discussing business, then it was on your time. Besides, wouldn't you feel better for just paying the prem. rather than arguing? Sorry that that happened though... it does sound like a sticky situation, but wouldn't that also be a tax write off for you? Or better yet, why don't all three of you (your sister, you, and the photog) split it three ways because it is kind of a hard one decide who to give the bill to. It would still be a write off for you and the photog and your sister would just have to realize that's part of having children, they are expensive. Hope this helps.

Angie

Was there a contract signed with the photographer? A contract would have had some sort of damage blurb in it somewhere. If not, whats the harm in everyone helping this guy pay his bill? It's the nice thing to do.

costa

YOU are responsible (and of course you have 3rd party liabality insurance don't you?).

I say this because something similar happened to me and it went to court.

regerugged

If your sister and daughter were working employees of the magazine, the magazine company should pay. If your sister and niece were independent contractors or were not getting paid, they should pay for the repairs.

anu j

it is the photographer's fault. the poor niece and ur sister r innocent. it was an acciden. they didnt mean to break the laptop. whoever took the risk of using that laptop near drinks is the one thata shud pay

futuretopgun101

Explain the situation to all parties and split the cost 3 ways. All have a responsability in my eyes with the reasons you have given.

stormydays

The photographer.....but he could insist that your sister foot the bill

laplandfan

Whoever owns the laptop should pay if it's insured you will get your money back anyway.

Little Bear

i think your sister should offer to pay half as a good will gesture, or the magazine

Rich n

Your company should pay what I imagine will be a small excess but it will be a gesture that would be well received and keep business relations intact.

labmuttmix

Leave your sister and your niece out of this dispute.

Both you and the photographer should have known better than to be consuming liquids around a computer. Especially with a three-year old nearby.

To preserve the business relationship, your magazine and the photographer should split the cost of the deductible.

Nexus6

Saying the photographer should pay up is a bit like saying the iceberg was responsible for sinking the Titanic.

Your sisters childs behaviour is her responsibility, so she has an obligation to pay out for damage caused by her daughter.

paulcondo

the photographer he took the risk

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