Liability advice- Missing the Point

[PianoSvFla@AOL.COM]

Al & Jody,

Although the advise from the other techs are correct as far as the technical 
causes and results, I feel the point is being missed. Your customer is taking 
a stand on a legal point, that is , the piano was fine before you serviced 
it. Regardless of the type of damage done, she must have a proponderance of 
evidence to prove to the court that it was functioning fine before you 
serviced it. She can do this by going back to the original owner and 
supplying to the court from them an affidavit to that fact.( And you know 
they will to protect themselves.) 
It is not necessary for your customer to understand the how's and why's of 
what happened because she is not a professional in the business, that's why 
she came to you. She is also not obligated to have you repair the piano 
because in her mind your credibility is tainted. She can simply have the 
piano repair and sue you for the repairs if you refuse to pay. 
At this point I would recommend to treat this as a legal issue and protect 
yourself.
To start with I would  send her a registered letter return receit explaining 
you opinion concerning the matter. Do not offer to buy,repair or return the 
fee as this would be an admission of guilt and leave you open for liability. 
Do not show her the posts as this would only cause further hard feelings in 
rubbing it in for being a fool for buying a poor quality instrument. ( 
Besides you don't know their true financial situation ) These posts are 
better off in the hands of your lawyer to firm up his case, not in hers' to 
benefit her lawyer in rebutting them. Remember she is making a legal point 
not a technical one.
I have found that people who threaten usually don't follow through with it. 
If she has a strong case she will simply serve you a subpoena.
If she insists on discussing her piano with you then she is negotiating, 
that's good. Do not speak about the damage and who's fault it is. Listen to 
her quietly and simple offer her the scenario of "How would she like this 
conversation to end?" If her terms are acceptable to keep you out of court 
such as returning the tuning fee, since SHE is suggesting it agree. Send her 
a check and in the memo part write "Payment in full." This will put a close 
to further payment and  keep her from coming back and requesting more money. 
Seek the advise of an attorney to discuss your situation, most of them give 
you the first 15 minutes for free. Also what I have said applies to Florida, 
some of the laws maybe slightly different in your state.
In the future you might also discuss ways of protecting yourself, such as 
waivers, incorporating etc...

Good luck,

Ed MAshburn,RPT
Piano Services of Florida, Inc.