Plate break after restringing

[Danny Moore]

BSimon1234@aol.com wrote:

> Someone wrote: -
> <<getting the customer involved as soon as possible is more likely to have
> her/him shoulder the responsibility of trying to have an old piano
> reconditioned.  Remember, it is their instrument and they were the ones who
> decided to recondition an oldie rather than buy a new one.>> or  "HOW TO
> AVOID RESPONSIBILITY FOR WHAT YOU DO! " - this was their fault!

Bill,

When I offered the above quoted statement, I did not, under any circumstance,
mean to be interpreted as Warren's (or any other technician's) avoidance of
responsibility.  I am committed to accepting the responsibility for my behavior,
but I expect, no, demand, others to accept the responsibility for their own
behavior.

Put yourself in Warren's position for a moment.  Do you just assume that, because
the piano was in your care, custody or control that, any damage that occurs is
automatically your fault?  The courts don't and the insurance companies certainly
don't!  In order to receive a settlement award, either by the courts or from an
insurance carrier, one must be proven legally liable.  Since you mentioned
"bailees coverage", rest assured that they carrier will ask that question first.
If their adjuster determines that the insured has done nothing wrong or out of
the ordinary from a technician normally performing this type of work, they will
NOT pay.  Even if the insured wants them to pay because he feels "responsible"
because the plate broke while he had it, they will NOT pay.

You state that you will "Pay them the value of their piano when it was picked
up.  End of story."  Who will determine that value?  Will they accept your
assessment of value?  Who could be called on to appraise an old upright that
would be acceptable to both parties?  I haul several old uprights to the dump
each year.  Most could be salvaged with a rebuild, but is it economically
feasible?  The value of this piano when it was picked up was quite obviously -0-
because the plate was about to break.  Unless, of course, my great grandmother
bought it new, it's been in the family over 100 years, 5 generations have learned
to play on it, and the last guy that tuned it (10 years ago) said it was worth at
least $4,000.

No, this is nothing like the auto dealership burning down with your car inside.
This is more like taking your car to the dealership to have a brake job done at
100,000 miles.  As they are driving if from the parking lot to the garage bay,
the engine throws a rod because you've never changed the oil in the 100,000 miles
you've driven it.  Do they owe you a new engine?  Are you not responsible for
your behavior of never changing oil?

Sorry Bill.  I owned a property & casualty insurance agency for 15 years.  My
wife held a claims adjuster's license in Texas and Louisiana for 20 years.  I
can't help but see things through that light, that is, "How will it look in
court?"

I sincerely appreciate your integrity and your desire to "make it right."  That
is precisely my meaning when I say contact the customer, have them over to the
shop, present the options and have them involved in the decision making from the
start.  Your closing sentence:
    "Pretend this was your piano, - are you going to let yourself be conned by
this rebuilder?"
A con man would not tell the customer, but patch it, hide it, cover it up somehow
to get the thing delivered and get his money.  A person of honesty and integrity
would immediately contact the customer and have them involved in making the very
next decision!  In fact, that's basically what you said when you said you would
pay the value of their piano - you just didn't allow for any other options.

Respectfully,

Danny Moore
Houston Chapter