Plate break after restringing

[Guy, Karen, and Tor Nichols]

At 01:02 PM 10/30/97 -0600, you wrote:
>BSimon1234@aol.com wrote:
>
>> No, - fault or not, I said it was your responsibility.  If you are insured,
>> then it becomes your insurer's responsibility.
>
>Bill,
>
>This is one of those cases where we must agree to disagree.  Personally, I
can
>not hold to accepting unlimited liability for any possibility that might
occur -
>fault or not.  (Emphasis on the NOT.)  I would be interested if others
feel that
>they are always responsible for anything that might happen while working on a
>piano?
>
>Perhaps I just stayed in the fear, hate and comtempt (insurance) business too
>long.
>
>Danny Moore
>Houston Chapter

Danny, Bill,
	To just answer the question Danny posed, I'd have to say "No", I don't
think that service people are "always" responsible for "anything" that
might happen to a piano when it being rebuilt. The question is perhaps too
general. Rebuilding is by nature a somewhat traumatic (to the rebuild-ee)
process. There are inherent risks. If by some terrible turn of events,
Warren does wind up in litigation or whatever, the risk factor would have
to be addressed. If he was not negligent (of course he wasn't, we're just
if'n here), then I believe that logic and education would be in his favor.
I've had the unfortunate luck of being involved on a couple of things like
that, both as a party, and as an "expert" witness. One truth is that you
can't be sure about ANY legal-type decision until it's made. Some judges
can't. And the comment by someone about "big business" always being wrong
when it comes to the "little guy" is easy to believe. Again education will
be the key. Warrens' experience (big numbers) will be extremely important.

	One the other hand, when something is in your care, then you are
responsible. To an extent. You are expected, in business, to use
"reasonable care" in the handling of stuff. Anything beyond that just can't
be counted on..... as far as the law is concerned. 

	I think in this instance that good communication with the customer,
education where possible, credibility, and the sincere desire to do the
right thing will be the most favorable route.

Guy



Guy Nichols, Member, PTG
nicho@lascruces.com



	
              "Not everything that counts can be counted,
               and not everything that can be counted counts." 
				                          Albert Einstein