Can I recover my damages from the landlord?

Questioner

We went canoeing with a group, and my phone broke. We rented the canoes from a rental company. They explained that you could leave your things there, but that you had to take valuables with you. They had waterproof bags for that. I used the waterproof bag as they indicated, and put my bag with my phone in it. During the trip I unfortunately capsized. I didn't do anything strange; another canoe unintentionally pushed against me, causing me to hit the side with brambles and nettles, after which I tried to correct myself and capsized. Upon arrival the waterproof bag turned out not to be waterproof after all and my phone got wet and as a result was broken. Can I claim this from the landlord? Without his explanation and recommendation to take your valuables with you I would have left my phone there.

Lawyer

If the waterproof bags turn out not to be waterproof afterwards, the damage can in principle be recovered from the lessor. You state that you did not do anything clumsy while canoeing, so the damage was not caused intentionally. The lessor must prove the opposite, which will be difficult. I advise you to hold the lessor liable in writing.