A question of liability -Thanks

[Ward & Probst]

Mark,

I installed and maintained hardwood floors before becoming a piano
technician. I would recommend you contact your agent, have an estimate made
by a professional, and let the insurance handle it. If you refund, you are
out both your fee and insurance premium. If it was a pine or other soft
floor, it is possible that the marks were made by the tilter in the process
of tilting. It is also possible the damage is minor finish damage(especially
if it is poly type finish).  Normally this type of damage is repairable
without refinishing an entire area. In any case, your insurance carrier
should do whatever they have to do to make your customer happy. From what
you describe below, I doubt the piano could have been moved without damaging
the floor, even if you had a helper. This is an excellent opportunity to
find out  if your insurance company provides the coverage you are paying
for.
Best,
Dale
Dale Probst, RPT
Institute Director, TEAM2000
PTG Annual Convention
Arlington, VA--July 5-9,2000
email: wardprobst@cst.net
(940)691-3682 voice
(940) 691-6843 fax
TEAM2000 website: http://www.equaltemperament.com/PTG/



-----Original Message-----
From: owner-pianotech@ptg.org [mailto:owner-pianotech@ptg.org]On Behalf
Of bases-loaded@juno.com
Sent: Sunday, March 26, 2000 5:57 AM
To: pianotech@ptg.org
Subject: A question of liability -Thanks


Thanks to one and all for the array of perspectives on this situation.
Each post has helped clarify my position.  It would seem that there are
as many approaches as there are people, eh?

I do agree that, whether or not I am "at fault", this would obviously NOT
have happened if I had never entered their house, so in that way I am at
least the central character in this bad play, and as such, it is time for
me to deliver some good lines.  Some lines that will make the others
characters happy.

The location of this piano was problematic in that bookshelves were
perpendicular to it at the bass end, requiring moving the piano parallel
to the wall it was on to get it out from behind the bookshelves at the
bass end.  Then, it had to be moved away from the wall enough so that it
could be pivoted 90 degrees, keys now facing bookshelves.  This was the
only way a tilting truck could be employed.  I have a hard time picturing
a floor covering that could have been used that would allow one person to
accomplish this relocation.  I guess I have lived a charmed life,
inasmuch as I have done this countless times in 22 years with no apparent
problem.  Potter luck, I guess...

I certainly will think twice in the future, though, before performing
this "piano dance" on non-carpeted floors.  I am curious as to how some
of you approach this.  Or do you just avoid it?

I am following the path championed by JimB in that I am letting the
personality and mood of the customer help determine what steps need to be
taken next.  She has always seemed like a reasonable person, and one that
I have a pretty friendly relationship with, as customers go.  Also, the
fact that she asked me to "stop by the next time I'm in the area" tells
me that they are not going ballistic over there.

I am also strongly in Jon Page's camp in that I am refunding her payment
for the services rendered as a starting point.  And should the floor
damage not be repairable and she is willing to accept an alternative
compensation, I will offer a couple free tunings or whatever will make
her happy, within reasonable parameters.

Hopefully lawyers and agents can be left out of the equation.  I like to
think that reasonable people can work things out.  It is true that that
requires two reasonable people to accomplish, and so far I remain hopeful
that exists here.   However, I will be checking with my agent ahead of
time to get an idea of where I stand with them so that I can approach the
customer with am informed perspective.

What is also true, though......In another scenario, I might go straight
to a lawyer before doing anything.

I will let you know how this plays out.   Thanks again for your input.

Mark Potter
bases-loaded@juno.com