Plate break after restringing

[Les Smith]

On Tue, 28 Oct 1997, ralph m martin wrote:

> Hi Warren
> 
> Apparently you have heard "the sound!". I don't believe there is any
> liability on your part. If the simple act of tuning causes the plate to
> crack, it can hardly be due to any negigence on your part.

My recommendation, of course, was to try to arrive at some sort of
equitable settlement with the customer which would prevent this from
winding up in court. Although I realize that Warren is in a tight, un-
enviable position on this one, I don't think that disclaiming any lib-
bility at all and adopting a "Boy, Mr. customer, are you going to laugh
when I tell you what happened to your piano while I was restringing it"
position, will accomplish that objective. I think the goal here should
be damage control--taking the minimum hit necessary, writing it off to
bad luck, bad karma, evil spirits, or whatever, and then just putting it
behind you and moving on to something else. Adopting a totally unsympa-
thetic position towards the customer, may very well lead to finding your-
self in court and setting yourself up for a possible "big hit". In par-
ticular, you may be faced with having to answer the question in court
of why that "defective plate" was able to last through 90+ years of
tunings without any problems at all, and only "chose" that moment in time
to break when it was being restrung.  Take your lumps and settle out of
court. Whether you give the customer cash, or another piano, the Mehlin
should be yours to keep. Rent a bazooka, take the piano out into the
country, visualize it being Paul Mehlin, himself, pull the trigger and
vent those pent up hostilities!

Les Smith
lessmith@buffnet.net