Dude wants me to pay for his new racquet

Sander001

Hall of Fame
Our racquets clashed and his racquet got a big crack. We were playing doubles together and a poor lob came our way and we both went for it. He was playing defensively and standing in no-man's land so when the ball came, I stepped into his side marginally to take it. Bang.

I told him he should've called it because he could see me since I was in front but he's a very low talker, nearly a mute.

Financially, he doesn't appear to be in the best position so I thought perhaps I'd just give him an old racquet I don't use anymore as a compromise.

What should I do?

edit for clarification:
Because of his low talking nature, I'm not certain he said "new".

It was a very brief exchange, he wasn't in my face or demanding at all.

His racquet is old anyway, perhaps even as old as 10yrs but looked to be in very good condition until.
 
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yellowoctopus

Professional
I get the feeling you already know the answer to your question.

conscience-Google-Search.png


My humble suggestion: listen to yourself.
 

esgee48

G.O.A.T.
I would not offer anything. Clashing racquets are a normal part of playing doubles. Would you expect him to offer you a new racquet if your racquet had crack? Doubt it, so why should you feel guilty? If he broke his racquet returning a hard serve, would he expect the server to buy him a new racquet? Again, I doubt it and if he does expect it, he's a j***.
 

newpball

Legend
Our racquets clashed and his racquet got a big crack. We were playing doubles together and a poor lob came our way and we both went for it. He was playing defensively and standing in no-man's land so when the ball came, I stepped into his side marginally to take it. Bang.

I told him he should've called it because he could see me since I was in front but he's a very low talker, nearly a mute.

Financially, he doesn't appear to be in the best position so I thought perhaps I'd just give him an old racquet I don't use anymore as a compromise.

What should I do?
Both of you clashed rackets, so you were both responsible for the damage.

You should pay your share of the damage. I take it his racket is not brand new, so estimate the value, divide it by two and give him the money, then have a beer together and move on.
 

A_Instead

Legend
You should examine your racquet to see if it is cracked, If so.. You should suggest for him to buy you a new one.
You should look very closely to yours...
 

sphinx780

Hall of Fame
Can't say I'd ever expect nor ask for help as it's a typical part of doubles, even if not often.

That being said: If the dude is not in a position to afford a racquet and you have the means, it's only going to give you both a good feeling to help dude out...so go for it in any way you see fit.
 

Baxter

Professional
So he doesn't want an exact brand/model replacement, just something he can use to keep playing? If you've got a functioning old beater why not just give it to him and then find another partner.
 

Long Face

Semi-Pro
The problem here is that his partner's "new racquet" got damaged. I know the feeling.

I would offer to pay 50%, take it or leave. Not saying this is the right thing to do. Just something you can do to help you both feel better.

If it doesn't work out, don't play with him again.
 

Ten_nuts

Semi-Pro
On the court, anything can happen and it's purely accident. One time i played doubles and my partner was an aggressive type who could rush anywhere to hit/volley the balls. During the match, the baseliner of the opponents made a drop shot right in front of me, and i stepped up to whip the ball right at my forehand, and my partner from his side ran to my side trying to scoop the ball (i called it scoop because he tried to hit a drop shot in the opposite direction where he was running)... hope you guys can imagine the situation. It was like my forehand already swung out almost hit the ball and my partner's face was right next to the ball. I couldn't stop the racquet's speed and the hoop struck right at my partner's left eyebrown. People from the back could see that my partner ran to my side and put his face into my forehand's follow thru direction, near my other shoulder. Boy, my partner got bleeding so bad and we all thought that my racquet hit right at his eye, because he kept holding his eye and the blood kept falling from his holding hand. We called 911 and the ambulance came and took him to the hospital, and polices made report with all witnesses around saying that the accident happened by his own fault. We all were released because we knew the racquet didn't hit his eye. I met him 2 weeks later and i asked about the eye, and he said that he's ok now. He refused to play doubles with me no more. I think it's ok. I told him: "luckily for you my racquet didn't break after it hit your eyebrown, or you would have to buy me a new racquet".
 

eelhc

Hall of Fame
If it happened as a part of normal play and not because you were swinging the racquet irresponsibly or after the point was over IMO you are in no way financially responsible.

Had you collided instead of bumping racquets and he blew out his knee should you be responsible for paying several thousand $s for his surgery?

IMO it's all part of the risk we accept when we step on the court.
 

newpball

Legend
On the court, anything can happen and it's purely accident.
Just because it is an accident does not imply no-one is responsible for the damage.

my partner was an aggressive type
Irrelevant.

I couldn't stop the racquet's speed and the hoop struck right at my partner's left eyebrown.
End of story, you hit your partner. No-one will accuse you of doing it intentionally, it was clearly an accident, but you hit your partner, you are responsible, that's the law.

Many people do not understand law, they seem to have this idiotic idea that if something was not done intentionally they are not at fault. They may think so but the law will think otherwise.
 

RoddickAce

Hall of Fame
People from the back could see that my partner ran to my side and put his face into my forehand's follow thru direction, near my other shoulder.

End of story, you hit your partner. No-one will accuse you of doing it intentionally, it was clearly an accident, but you hit your partner, you are responsible, that's the law.

Many people do not understand law, they seem to have this idiotic idea that if something was not done intentionally they are not at fault. They may think so but the law will think otherwise.

I disagree. If you were driving on the highway at the legal speed, at night, and a pedestrian sprinted onto the road and you truck him. Would you be 100% liable?

Assuming Ten_nuts's story is true, and people did see that his partner ran into the follow-through and as settled after brief police investigation, it would be reasonable to say that it is not 100% Ten_nuts's fault.
 
when the ball came, I stepped into his side marginally to take it. Bang.

I told him he should've called it because he could see me since I was in front but he's a very low talker, nearly a mute.

Eventhough it was an accident, but it seems like its more of your fault.Maybe buy him a used racquet from this forum and give it to him,not for the guilt but just to help him out a bit .
 

newpball

Legend
If it happened as a part of normal play and not because you were swinging the racquet irresponsibly or after the point was over IMO you are in no way financially responsible.
Does not matter, even when you bring damage to someone else unintentionally and you did not act irresponsibly you are still liable.

IMO it's all part of the risk we accept when we step on the court.
That may be your opinion but it is not the law, unless you signed some kind of an contract with an indemnity clause you are financially responsible for damage you cause.
 

newpball

Legend
I disagree. If you were driving on the highway at the legal speed, at night, and a pedestrian sprinted onto the road and you truck him. Would you be 100% liable?
No, because a pedestrian is making an illegal crossing. The pedestrian would actually be liable for the damage on your car.
 

Ace of Aces

Semi-Pro
You don't owe him anything. If you have a racket you don't use or just want to get him a new one so he can play tennis do so, but you don't owe him anything if you don't want to give him a racket. It's a sport. People are going to get hurt, and equipment will be broken. It sounds like your racket could just of easily been cracked. Would you expect him to buy you one?
 

Bud

Bionic Poster
It happens, playing doubles. If he's your friend, pay for half.

If it happened to my racquet, I would not ask or expect my partner to pay to replace my frame.
 

newpball

Legend
You don't owe him anything. If you have a racket you don't use or just want to get him a new one so he can play tennis do so, but you don't owe him anything if you don't want to give him a racket. It's a sport. People are going to get hurt, and equipment will be broken. It sounds like your racket could just of easily been cracked. Would you expect him to buy you one?
If he goes to small claims court the judge will award 50% of the damages guaranteed!
 

eelhc

Hall of Fame
Eventhough it was an accident, but it seems like its more of your fault.Maybe buy him a used racquet from this forum and give it to him,not for the guilt but just to help him out a bit .

It's nobody's fault... it happened during normal play. The OP can give his partner one of his frames or offer to pay out of kindness but he has no moral/ethical responsibility.
 

Bud

Bionic Poster
Does not matter, even when you bring damage to someone else unintentionally and you did not act irresponsibly you are still liable.


That may be your opinion but it is not the law, unless you signed some kind of an contract with an indemnity clause you are financially responsible for damage you cause.

If he goes to small claims court the judge will award 50% of the damages guaranteed!

What about the other thread on TT where the guy hit the other player - on the adjacent court - in the eye... after flubbing a volley? Guy wants TT member to pay for all his medical bills.

It seems the popular opinion was that when we step on court there is an inherent risk, etc. IIRC, a couple of attorneys chimed in stating he was not liable for damages.

Are you an attorney? Experience with these issues?
 
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newpball

Legend
It's nobody's fault... it happened during normal play. The OP can give his partner one of his frames or offer to pay out of kindness but he has no moral/ethical responsibility.
Ridiculous!

What do you think happens if the net gets damaged because they bumped into each other? The owner of the court has to pay?

Again, just because something is an accident does not get you off the hook for paying for it.

"Oh, judge, yes I hit the car on the right when I tried to park, but honest it was an accident I did not do it on purpose, it just happened during a normal parking operation" What do you think he will say?
 

goober

Legend
Does not matter, even when you bring damage to someone else unintentionally and you did not act irresponsibly you are still liable.


That may be your opinion but it is not the law, unless you signed some kind of an contract with an indemnity clause you are financially responsible for damage you cause.

Well there have been a number of cases on golf where people have been by errant golf balls and in all those cases lawsuits have been thrown out based on the assumed risk you take when play. In one case a doctor named Azad Anan was hit the eye and lost his vision. He was unable to work. He sued and the person who hit him was found not to be liable.
 

coolschreiber

Hall of Fame
Well there have been a number of cases on golf where people have been by errant golf balls and in all those cases lawsuits have been thrown out based on the assumed risk you take when play. In one case a doctor named Azad Anan was hit the eye and lost his vision. He was unable to work. He sued and the person who hit him was found not to be liable.

yea... thats cheap... he shouldn't be playing tennis if he's so cheap.. you break a racket just get a new one lol... plus i hate cheapskates who don't get new balls...and keep playing with old ones.
 

Chotobaka

Hall of Fame
IMO, this was not due to any negligence on the part of the OP. Nor was it intentional. On that basis, I do not believe he has any obligation to make the other player whole. There are assumed risks in tennis, and this incident is just one of them.

For the sake of maintaining goodwill and being sympathetic to the other player's financial situation, some gesture of goodwill would be a very nice thing to do. But it certainly is not obligatory.
 

Kal-El 34

Hall of Fame
anyone saying you are obligated or responsible to pay for any damage is either petty or cheap. no offense to anyone else but that is the way it is. to the original poster the huge majority of people that post on here are either very young or very cheap from personal experience. there are a lot of good ones too, but far outweighed by the others.

if someone wants to take you to court for damage to a tennis racket please let them. the time it would take to actually sue you for half of a racket is hilarious. Opportunity cost far outweighs opportunity gain here.

also - the assumed risk on the golf course example is good too. people bang rackets all the time playing doubles. it would be impossible to determine if you striking his racket caused the break or him actually hitting your racket caused the break. in the case he was on your side of the court and hit your racket, he is actually the one at fault.

obviously it would be a nice thing to do to replace the guy's racket, but you are certainly not obligated to... lawfully or morally.
 

Seth

Legend
anyone saying you are obligated or responsible to pay for any damage is either petty or cheap. no offense to anyone else but that is the way it is. to the original poster the huge majority of people that post on here are either very young or very cheap from personal experience. there are a lot of good ones too, but far outweighed by the others.

if someone wants to take you to court for damage to a tennis racket please let them. the time it would take to actually sue you for half of a racket is hilarious. Opportunity cost far outweighs opportunity gain here.

also - the assumed risk on the golf course example is good too. people bang rackets all the time playing doubles. it would be impossible to determine if you striking his racket caused the break or him actually hitting your racket caused the break. in the case he was on your side of the court and hit your racket, he is actually the one at fault.

obviously it would be a nice thing to do to replace the guy's racket, but you are certainly not obligated to... lawfully or morally.

OP, follow Kal-El's advice. No obligation to pay.
 

canadad

Semi-Pro
i don't think you should have to pay anything. We all assume certain risks when we enter any field of sport. If I get hit in the teeth and lose one during baseball, I would not expect anyone to pay the dental costs.
If this person reacted this way to you after an accidental situation and expects you to pay, is there a different question at play here? You said, 'near mute', 'low talker', looks like he can't afford to pay. Are you in a dilemma because this person is socially awkward and you feel guilt? My first reaction was to dismiss the situation outright(no way, don't pay), but if I am reading into the situation, is it not as black and white as it seems? I work with special needs and socially awkward people in my place of work and my day is filled with negotiation, compromise and appeasement. If this is the case, then I can understand and would feel like I lost nothing to donate an old racquet. However, if the person is merely exercising their sense of entitlement and demanding a racquet out of some delusional belief that other people are to blame for legitimate accidents, then no way, don't pay.
 
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Lawyers make everything confusing.

1. Don't play doubles.
2. If you do, expect to extend goodwill. Otherwise you would suck.
3. He has the nerve to ask you to pay.
4. Pay or not, choose a new partner in future or see 1.
5. Act broke and let him sue you in small claims. (You would win. He can't prove it was entirely your fault. Claim expense, and time off work, buy yourself some new racquets with win.).

Law is only law when it can be proven without a benefit of doubt. So another words hire a slippery lawyer. Or try to be one. Lol.
 
D

Deleted member 19728

Guest
Just because it is an accident does not imply no-one is responsible for the damage.


Irrelevant.


End of story, you hit your partner. No-one will accuse you of doing it intentionally, it was clearly an accident, but you hit your partner, you are responsible, that's the law.

Many people do not understand law, they seem to have this idiotic idea that if something was not done intentionally they are not at fault. They may think so but the law will think otherwise.

Wrong... buy a 1L book on torts, because in sporting events the damage tpyically has to be intentional and outside the reasonable scope of accidents that occur within the sport in order for you to be liable. If you hit the ball at the opponent camped out on the net and it hits his arm etc... he assumed the risk of playing the sport and can't sue you for a trip to a doctor's office to treat the bruise..well he can sue you but he won't recover....

Think about boxing...you understand the scope and nature of injuries that may arise when playing including player on player collisions in doubles...what you would not expect is someone to bite your ear off like tyson or someone throwing a tennis raquet at you because of a bad call. These intentional torts are going to be outside the nature of casual accidents that are forseeable in the context of playing the sport.
 

tennixpl

Rookie
pay for the racquet. Then claim the impact hurt your wrist and he owes you a doctors visit and follow up physical therapy.

Seriously its called assumption of risk. If my racquet impacts the ground do I go to the club owner and demand a new racquet????? NO

Second.... how damn hard were you guys swinging or how cheap is his racquet to crack on impact...... like a proper insurance company demand proof that it wasn't cracked before.
 
^^i concur with donbot.

EOD. Couple of hundred bucks here max. Is the friendship not worth it? If not then hell with it. I'd pay but never play doubles with the guy/girl again.
 

Dimcorner

Professional
I have broken several badminton racquets on doubles impact (MUCH weaker racquet with just as fast, if not faster, racquet head speeds) and I have never asked for a new racquet. I have learned that when I play with newbs I just don't go for shots unless it's safe.
 

newpball

Legend
Wrong... buy a 1L book on torts, because in sporting events the damage tpyically has to be intentional and outside the reasonable scope of accidents that occur within the sport in order for you to be liable. If you hit the ball at the opponent camped out on the net and it hits his arm etc... he assumed the risk of playing the sport and can't sue you for a trip to a doctor's office to treat the bruise..well he can sue you but he won't recover....

Think about boxing...you understand the scope and nature of injuries that may arise when playing including player on player collisions in doubles...what you would not expect is someone to bite your ear off like tyson or someone throwing a tennis raquet at you because of a bad call. These intentional torts are going to be outside the nature of casual accidents that are forseeable in the context of playing the sport.
Depends, in tennis you hit balls, that is normal, so when a ball hits the opponent that is the risk of the sport. However in tennis you are not supposed to hit your partner with a racket or hit your partners racket, and yes you need to take reasonable measures to prevent accidents from happening. Hitting a partner with a racket is not normal tennis. Thus if there is damage you need to pay for it.
 
D

Deleted member 19728

Guest
Depends, in tennis you hit balls, that is normal, so when a ball hits the opponent that is the risk of the sport. However in tennis you are not supposed to hit your partner with a racket or hit your partners racket, and yes you need to take reasonable measures to prevent accidents from happening. Hitting a partner with a racket is not normal tennis. Thus if there is damage you need to pay for it.

Hitting your partner intentionally is different than accidentally colliding with one another when attempting to hit a ball...as noted in my earlier post throwing a raquet at your opponent or your partner because they made a bad call demonstrates an intentional battery that is outside the scope of the sport. I don't think you personally survive a 12(b)(6) motion in any state honestly...but want to know the legal answer for the state I am licensed to practice in...you don't recover.

I looked at a similar issue in the past...imagine this scenario...you are playing doubles and your partner hits a weak serve and the returning player smokes one into you at the net. You fall over and suffer "x" "y" "z" injuries. In this circumstance the returner had the intent to tag you, but you consented to playing the sport and going after the net player is part of the sport...under your interpretation of the law, the server is at fault, the returner is at fault, the inventor of tennis is at fault, the manufacturer or the racquet is at faut, and the owner of the courts is at fault etc....People like to think that is how our legal system operates. However, even though you can liteally sue anyone for anything, your odds of recovering from any party under the circumstances outlined in the initial question are about nil from about any court in the United States.
 

newpball

Legend
Honestly I wonder where people get this notion that if you accidentally cause damage you are not responsible.

The "I did not do it on purpose" defense is not going to work.
 
D

Deleted member 19728

Guest
Honestly I wonder where people get this notion that if you accidentally cause damage you are not responsible.

The "I did not do it on purpose" defense is not going to work.

Context is king in the law, in some circumstances-such as in a sporting event, forseeable accidents typically related to scope of the activity will not result in an actionable claim. The "I did not do it on purpose" defense actually does go to undercut a signficant number of torts where intent is a prima facie element. You are going to have to provide some evidence of it to have an actionable claim as a plaintiff, if the cause of your action is an intentional tort...hence the name.....Like I said before, hop on one of the online book sellers and buy a used copy of this book (or an older edition):

Cases And Materials on Torts, 12th (University Casebook Series) [Hardcover]
by William L. Prosser, John W. Wade, Victor E. Schwartz

All of the secrets of the universe shall be revealed.
 

NLBwell

Legend
Rackets hitting each other in doubles is a normal part of playing the game. Seems crazy to ask someone else to pay for your racket.
 

newpball

Legend
Context is king in the law, in some circumstances-such as in a sporting event, forseeable accidents typically related to scope of the activity will not result in an actionable claim.
Yes, so let me ask you this how much time a week do people's rackets break because they accidentally clash?

10 times, 5 times? Or does it happen perhaps once a year.

Once a year is not foreseeable, someone scratching your car is probably more likely.
 

Chotobaka

Hall of Fame
Honestly I wonder where people get this notion that if you accidentally cause damage you are not responsible.

The "I did not do it on purpose" defense is not going to work.

The OP stated that "our racquets clashed" while both were going for the ball. The OP was clearly not solely responsible for the damage; the other player also contributed to it.

I might argue that he should bear the full cost of replacing his racquet since he was in no man's land. Consider it punitive damages for egregious negligence as a doubles partner. ;-)
 
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