Liability advice

Wimblees@AOL.COM Wimblees@AOL.COM
Sun, 5 Sep 1999 11:38:17 EDT


Al:

I have read all of the other posts regarding the liability of the piano. I 
agree with everyone that the problem is not yours. However, from a customer's 
point of view, since you were the last one to do anything to the piano, you 
are somehow responsible. So the customer wants something from you. 

If push comes to shove, if she actually takes you to court, before spending 
money on a lawyer to defend yourself, refund the tuning fee, and offer to pay 
them for the piano. Be sure to explain that you are doing this not as an 
admission of guilt, but to save you the cost of a lawyer, etc. Unfortunately, 
in our legal system, defending yourself against these kinds of cases is far 
more expensive than the actual settlement. 

In this regards, it would not be a bad idea if you had product liability 
insurance. I think the Guild's sponsored insurance carrier has this kind of 
insurance. If you don't have it, talk to your own agent, and see what is 
available. This kind of insurance does two things. One, it will pay for any 
damage you did to an instrument, if indeed the damage was caused by you. But 
more important, the insurance will pay the lawyer to defend you. After all, 
if the insurance company is going to pay the damages, they want to make sure 
they are indeed liable. And as I mentioned in the second paragraph, they 
might find it a lot less expensive to settle out of court, than to defend the 
case. 

Good luck

Willem Blees


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