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I would have to say from experience on both sides, for me it is just another model hope I can fix it but if not I dont think i would die, I might but lets hope not. But the two I have broken that belonged to other people I replaced with new kits and offered to fix theirs

The goal is always to bring the parties back to the position they were prior to the act... "status quo ante"

Options for Devil-fish owner:

1) diminution in market value- if it was damaged and not going to be repaired

2) replacement value- if destroyed

3) repair costs- calculation of reasonable time and materials

4) No exchange of cash and instead have the offending party fix the model on his own using his own materials (equitable remedy)

5) punitives would be appropriate if the act was done in bad faith with a minimum standard of intent set at recklessness

since the property was negligently left on the floor you would have to look at the state laws regarding comparative fault. Either you reduce the remedy by the percent the owner of the property was at fault OR the owner is barred from receiving any remedy at all for being even the slightest bit at fault...

I think that covers it generally, leave a message with my secretary I'm going out for a round of golf.

Rangerrob wrote:Why was the guy walking on the gaming table?

So, so true....

As a demo guy for another game, I am used to my stuff getting broken. They are little metal and plastic models. It happens.

I don't worry about it. It either gets fixed or I get a new one.

Unless the breakage was on purpose. Then there is hell to pay.

Rangerrob wrote:Since we have yet to get an answer as to why the Devilfish was on the floor, I'll take a different approach.

Why was the guy walking on the gaming table?

Epic, sigged.

We do "Belly sweeps" all of the time. I knocked a friend's Sentinel off the table with my stomach and he gave me hell for it for weeks after. (I fixed it for him, but he was planning on repainting and re-basing it, since he bought it painted off ebay)

Weeks later, his sleeve knocked my standard bearer off the table. It was easier to fix the Sentinel's leg than the Standard, but it gave me an opportunity to pin everything properly. If something gets broken, it's an honest mistake and we fix it or offer the parts to fix it after the game.

The only time a "civilian" broke anything of mine was when a Ravenwing biker was sitting where it wasn't supposed to be at our flgs. Someone kicked my stack of rulebooks and it knocked some of my stuff into the floor and the RW biker got kicked by the store's asst. mgr. It was my fault because my stuff wasn't secured and I told him that while we searched for bits. It was all easily fixed with glue, nothing was broken. I tried my best to make him feel at ease. We were both super paranoid whenever anyone walked by after that.

I had to rebuild a 1:48 C-130A Specter because it fell off my ceiling. I woke up watching it crash to my floor, it was awesome, really. My old Land Raider also took a dive off it's shelf one time onto a hard wood floor.

Keep your stuff secure and nothing should happen to it.

Sorry, been off the net for a day.

The devilfish was in his game bag, in foam, on the floor. The guy made some poor decisions about how to stack up some chairs, and stepped right on the bag.

I think I agree with the sentiment that a real apology, and an offer to fix would have at least made things easier on everyone.

The really funny part of this whole thing was about an hour later when the FLGS guy-in-charge knocked the same tau players commander to the floor and broke him at the leg. (He of course apologized and offered to fix it).

Clumsy 2 - Tau - 0

Hmmm, seems like stepping into someones army transport is outside of the boundaries of 'neglegence by owner'.

If you are driving your car and you run over your neighbor's bike, you might be at fault if your car wandered into your neighbor's garage to do the dirty deed.

ubersnax wrote:Hmmm, seems like stepping into someones army transport is outside of the boundaries of 'neglegence by owner'.

If you are driving your car and you run over your neighbor's bike, you might be at fault if your car wandered into your neighbor's garage to do the dirty deed.

This! Stomping on someone's bag is bad juju, unless you throw the bag under a walking person.

About 8 years ago I accidently bumped into a guy's case knocking it onto the floor. It was on a countertop with half of it in the walkway. Nothing like an entire army bouncing on the floor. I believed there was only two broken models (glad it wasn't worse).

I profusely apologized and prayed that he wouldn't punch me. I could see he was pissed off (I don't blame him), but he said that it was alright and then I helped him pick it up.

My wife tried to inventory an army I had in an old rifle case. She was looking for gift ideas, and wanted to know what I didn't have. She opended it upside down. When she realised what had happened, she left it right where it was and called me, because she didn't think she could move it without further breaking stuff. She was right, it would have been tricky, but I really couldn't get too mad at her. It was an honest mistake, and she'd never handled a rifle case before, really difficult to tell one side from the other.

The best part is that the wifey obviously messed up, so you got a free pass for something!

1)If it was on the floor it was going to happen some way or another
2)Laughter was out of order though
3)I gues the bottom line is to always be careful arround gaming areas and to always put things away safely

and the most damage I've ever done to someone else's moddle was when I dropped an apocolypse template by mistake and it took the main gun off their fire prism (luckily they were a friend of mine and I apologized and offered to repair it for them but they havn't taken me up on it)

If the damage is fixable (easily) and its an accident (the person didn't intentionally do it and it was obviously a mistake and they are sorry for it) then S*%$ happens. If the damage is unfixable, I would probably want compensation or something, but I doubt you could break a plastic model so badly that it couldn't be repaired, unless you like bent the hull of the tank or smashed something, which would be hard... The laughter was probably out of the awkward situation, you try to play it off pretty much and hope to god that it wasn't to bad of damage.

I once knocked a arm off of a gaunt and some kid FLIPPED at me! I immediately repaired it with glue I bring in my case and an hour later after I beat him badly, he was still complaining about it and actually accidently (i doubt it) knocked my grandmaster (Greyknights) off of the table and bent the sword at the middle and broke him off of the base. His dad proceeded to bring him out of the store for a "talk" which was funny and he gave me 10$ but I declined it because I just bent the sword and glued him back on... easy fix

If some dude intentionally picked up my model and threw it etc. and didn't give me money he would get his ass handed to him by a 15 year old. Probably not but I would just steal something from him later >.> kicking some dudes a$$ for breaking a toy might not look good lol...