My company has a policy prohibiting the bringing of mobile phones into the workplace. However, due to an urgent personal matter at home, I felt anxious and decided to bring my phone in—only for it to be damaged by a colleague.
That day, the colleague was using a heat gun and forgot to turn it off, which resulted in my phone catching fire.
I had purchased the phone just a few days earlier for over 20 million VND. Now, the colleague refuses to provide compensation, arguing that I was in the wrong for bringing the device into the workshop.
Am I entitled to compensation from this colleague?
Thank you.
Reader Luong Hiep
Legal Advice:
Bringing your mobile phone into the workshop constitutes a violation of workplace regulations, for which you may be subject to disciplinary action by the company.
However, the damage to your phone—caused by it catching fire—resulted from the inadvertent oversight of a colleague who failed to switch off a heat gun.
Consequently, that colleague is liable for damages, in accordance with Clause 1, Article 584 of the 2015 Civil Code, which addresses the grounds for liability for damages: "Any person who, through their actions, infringes upon the life, health, honor, dignity, reputation, property, or other legal rights and interests of another person, thereby causing damage, shall be liable for compensation, unless otherwise provided by this Code or other relevant laws."
You and your colleague may reach an agreement regarding the amount, form, and method of compensation.
Furthermore, the amount of compensation may be reduced if the damage was caused unintentionally and is disproportionately large relative to your colleague’s financial capacity, as stipulated in Clauses 1 and 2 of Article 585 of the 2015 Civil Code, which outlines the principles for compensation for damages.