Liability advice

[Richard Brekne]

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kam544@flash.net wrote:

> > ...Since I did not give her fair warning as to what  could happen,  she
> >feels that I am liable for the damage to her piano`s  ribs. Her thinking
> >is  that it worked fine before I tuned it and now it is  broke. So what do
> >you all think?...Thanks, Al Williams.
>
> Dear Al,
>
> Here's what I think.
>
> Customarily, 'fair warning' is definitely in order for any piano that has
> been neglected that long, and especially one that you have no previous
> knowledge concerning it condition.  Som regardless of the condition of the
> piano before you arrived, the ball has the appearance of falling into your
> court due to the omission of that one verbal oversight.  And indicating
> that you have been an RPT for 19 years does little to strengthen what
> should be customary procedure by now.
>
> Why not secure the ribs back to the soundboard to eliminate the buzzing,
> admit to the customer of your failure to mention firsthand that anything
> could happen, an error on your part at the most, and express sincere
> appreciation for them having the courage to contact you, thereby allowing
> you the opportunity to make things right.

Er.... DANGER....



My two bits.... First of all, it is perhaps a good idea when tuning a piano of
dubious condition and make, to advise the customer that strings may break, a
few problems may pop up, etc. The idea that tuning an older piano up to pitch
can cause major structual damage is ludicrious. Any "reaction" to tuning from
the piano, as you describe above is due to some major weakness in structure
previous to the tuning. Under no conditions, are you responsible for this kind
of damage.

As far as what the other tech said or did not say, remember you have it second
hand, from the customer herself who is understandably motivated to be a bit
prejudicial in her assesment of the situation and advise she recieves.

Do not, in this case offer to fix the piano or in any way admit guilt in this
regard, this is a almost guarranteed can of worms.. If you start fixing ribs on
top of that you could very easily end up in a real big hole full of them. grin.

(Sorry to dissagree so adamantly Keith. I have been down that road, and seen
others go there. There is a time and a place for a positivistic approach, and
this is more then likely neither. )

Be firm, polite and dont budge an inch in regards to your customer. Be patient
with them as well as they (in all ignorance) are understandably upset and
suspicious. Be also aware that your membership in the PTG entitles you to some
degree of legal support (correct me if I am wrong, as in expert opinions and
documentation of facts) in the case you get into court.


Richard Brekne
I.C.P.T.G.  N.P.T.F.
Bergen, Norway

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