A question of liability

JIMRPT@AOL.COM JIMRPT@AOL.COM
Sat, 25 Mar 2000 17:22:38 EST


In a message dated 3/25/2000 7:19:15 AM, you wrote:

<<Not caused by my
tilting truck... it seems it was the piano casters.  She didn't think it
amounted to much, but asked me to stop by on my next visit to the area to
see what I could do.>>

John;
 You have gotten some really good takes on this thingee about grooves in the 
floor.........another take won't hurt too much I hope. :-)

  If you are responsible, or take responsibility, for their casters grooving 
their floor are/should you also take responsibility for their casters denting 
the floor had you not moved the piano?
 If the piano had been setting on a tile floor and your moving it had 
chipped/cracked some tiles would you also be responsible? Tiles chip due to 
many circumstances but usually they crack due to poor/inadequate bedding.  
Would you be responsible for those chips/cracks?
 If the customers had supplied you with a chair to sit on and the chair was 
faulty and subsequently broke, causing you to fall to the floor and break a 
bone...would that also be your fault?  There is always a degree of risk when 
working in someplace that is not owned by you but that risk is shared by the 
customer/client by an implied warranty of suitability of working 
conditions.........moving  a piano out from the wall is an entirely 
acceptable work function and is in fact a neccessity in most instances with 
vertical instruments. If they knew that they had soft flooring they should 
have mentioned it before hand...they didn't, presumably, and there are now 
"grooves" in their floor from their piano casters doing what casters are 
meant to do, i.e. roll across the floor.
Did they have caster cups under the casters??....if so that could be a sign 
of caring about their floor and damage from the casters...if not that should 
be a sign that they felt the floor was adequate for its job viv-a-vis the 
piano casters.

 Normal, needful, non malicious, activity is not a cause of action and 
therefore is not actionable.............................advice has already 
been given to check with a lawyer if it comes to 'legal' action and it was 
good advice...................

 The remaining portion of this quandry is the customer relations standpoint.
 'If' the customer presses in holding you responsible for these "grooves" 
then it is doubtful whether they are of the character to give you good 
recommendations/referrals whatever the outcome of any agreement arrived 
at.....human nature being what it is. 'If' they insisit on you footing the 
bill for this "grooving" (sic) then you would be better off without them in 
your database of customers.

 The decision, in my opinion, is what level of responsibility you, yourself, 
choose to accept for this "grooving".  If you want all, some, or none of the 
responsibility and that is your decision for whatever reason, i.e. customer 
relations, peace of mind, unsureness as to best course of action........... 
or wanting to remove any blot, imagined or real, you may have put on your 
reputation AND 'If' this is truly 'your' decision  in this thingee then it 
will be the right one.

 Were I in your shoes in this quandry I think I would let the attitude of my 
customer weigh heavily in my decision though :-)

 Good luck, let us know what you decided and why...if you don't mind.
Jim Bryant (FL) 


This PTG archive page provided courtesy of Moy Piano Service, LLC