Liability advice

[David ilvedson]

Now wait a minute...something like this is going to small 
claims court.  There won't be any lawyers.  Wim, don't let your 
paranoia get the better of you...

David Ilvedson, RPT



From:           	Wimblees@AOL.COM
Date sent:      	Sun, 5 Sep 1999 11:38:17 EDT
Subject:        	Re: Liability advice
To:             	pianotech@ptg.org
Send reply to:  	pianotech@ptg.org

> 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
> 


David Ilvedson, RPT
Pacifica, CA
ilvey@jps.net