Liability advice

[David ilvedson]

I agree completely with Richard.  Keith and Wim are going 
way overboard here!

David Ilvedson, RPT

Date sent:      	Sun, 05 Sep 1999 13:04:36 +0200
From:           	Richard Brekne <richardb@c2i.net>
Organization:   	http://home.c2i.net/ric/RicMain.html
To:             	pianotech@ptg.org
Subject:        	Re: Liability advice
Send reply to:  	pianotech@ptg.org

> 
> 
> 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
> 


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