Without cutting and pasting, but to reply in general to those concerned about the liability of the technician, settling out of court, and repairing the plate, this is according to my experience in a case involving a piano mover for damaging a piano. The judge's instructions to the jury were: It didn't matter if the damage was caused by the move, only if the movers handled the piano in a way that was outside the standards of professional practice. The jury ruled in favor of the movers in spite of evidence that the damages to the piano probably resulted from the move. The same should apply to the technician who attempts to tune, and the plate breaks. Unless he set the machine wrong, or tuned the A to the C fork he shouldn't even think of a "settlement" out of court. In fact if he didn't get paid, he should be suing. No mechanic in any trade is liable for "damages" resulting from work that is within accepted professional practice. If there is disagreement among lawyers on this point, go with the lawyer who agrees. But I wouldn't worry about a lawyer until something in writing comes. See below. As far as repairing the plate, it is outside the standards of professional practice to recomend repairs costing far more than the instrument will ever be worth. It is not in your interest anyhow considering the owner's attitude at the present. Now in The Case of the Broken Plate, it appears that a swindle older than the books is being perpetuated. The owner is claiming a junk piano is worth $2,000, because that is what he said he paid for it. If he is mis-stating the amount, the last place he wants to end up is in court as he is committing both perjury and fraud. But if there is a "settlement" out of court, who's gonna know, and that's what the threat of a law suit is for. If he can prove he did pay $2,000 for something worth much less, he should be suing and prosecuting the party who burned him. It is fraud to misrepresent the value of something to gain money. But that's beside the point unless the owner of the broken plate decides to sue the seller, and employ the tech as an expert witness, instead of going after the tech in small claims. If the piano mover's case needs to be cited, I will be happy to provide the details. If citing cases is allowed in small claims, that would make a heck of an impression as others have mentioned. That and published material and another tech supporting your procedure, you can only win. And don't forget, you win for us all, as this could happen to any of us. Richard Moody "Stand your ground and hold your head high." Walli Rittin
This PTG archive page provided courtesy of Moy Piano Service, LLC