Liability for damage to your iPhone

Questioner

A friend of mine, after I gave him my iPhone to keep in his pocket for a moment, accidentally went swimming with my iPhone still in his pocket. The liability insurance now states: 3.3.1.1 Not covered is liability for damage to property owned by an insured or someone on his/her behalf under: · a rental, hire-purchase, use, lease, tenancy, pledge or usufruct agreement. Can I hold my friend liable for the drowning of my iPhone or was there a user agreement concluded when I gave him the iPhone to keep in his pocket?

Lawyer

Dear questioner, No, you have not entered into a user agreement. You can hold your friend liable. If he then reports the matter to his liability insurer, they will (as far as I can see) compensate you for your damages.

Lawyer

In my opinion your friend can claim the damage from his insurer. In my opinion there is no tacit user agreement between you and your friend.