Liability advice- Missing the Point

J Patrick Draine draine@mediaone.net
Tue, 7 Sep 1999 08:42:15 -0500


Regarding this snippet:

>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.)

>Good luck,
>
>Ed MAshburn,RPT
>Piano Services of Florida, Inc.
>

While Ed gives alot of good advice elsewhere in his post, I must say that
it is ridiculous to think that the owner has a "proponderence of evidence."
If that were the case every Tom Dick & Harry would be suing (and winning
against) their mechanic for a cracked engine block when all he had done was
rotate the tires!

If it does come to lawyers & court I'm sure you can assemble several
affadavits from RPTs as to the quality of "Grand" spinets.

Best wishes,
Patrick


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