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| My somewhat good day just broke apart in front of me, Literally | |
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| Topic Started: Nov 4 2009, 11:18 PM (364 Views) | |
| nightwheel | Nov 4 2009, 11:18 PM Post #1 |
Self Informed Geek
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Here's what happened. I got a call earlier today from a family friend asking if I want to make a few quick bucks. Which is pretty normal of him to ask me about. So I figured sure, why not. So I said yes. Well about a 2 hours ago. He came by and picked me up. Well apparently we were going to help move a antique dresser from one of the local antique stores to the costumers truck. We get there, It's a beautiful dresser with huge mirror and 2 tier marble top. So we carefully start taking the dresser a part. So that we can get ready to move. Them we moved the Mirror to the truck Then came the marble top. This top had a issue already so we had to be careful on how we moved it. Well we get to the truck. So We are trying to figure out what would be the safest way for this thing to travel. So we tried to put it on it's backside so we could fit it in the back seat of the trucks cab. Thats where things went to pot quickly. My friend and I tilted the top back. When all of the sudden, the top failed and basically fell off. Shattering the smaller second top and the back. The wings were ok. Well now the the mother of the daughter who bought it is upset and sad. And the antique store owner is furious. After some thinking, we moved the dressers bottom to the truck. Then our family's friend was talking to the owner. (Which you could tell was getting madder by the minute.) At one point she said, that (top) is worth more than anything I was ever to pay you. With the fear of possible legal action being taken because of this. I asked, "Is there a possibility of a lawsuit being incurred because of this?". She nodded her head very sternly and said yes. Then she basically told us to leave before she does something drastic. So now, I didn't get paid (obviously) by the antique store owner. And now I'm looking at the possibility of a lawsuit (thought I don't expect it) formed against me and our family's friend out of this incident. |
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| Nocturne | Nov 4 2009, 11:37 PM Post #2 |
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Does the family friend run or otherwise represent any form of haulage or delivery company? Did he offer the delivery services? 'No' to either of these will help if she does try to reclaim the cost of the dresser through legal means. Any lawsuit is likely to be against your friend rather than yourself, the delivery contract (I'm assuming verbal agreement) would have been with him, you were in effect working in his employ. |
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| nightwheel | Nov 4 2009, 11:43 PM Post #3 |
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Self Informed Geek
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It sounds like (from what I could make out) she called him up and asked if she could help her move it. |
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| Nocturne | Nov 5 2009, 07:42 AM Post #4 |
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If there is any legal action it's likely she'll have to take some of the responsibility of the damage done as she didn't hire a professional firm to move the dresser. Hopefully it won't come to that. |
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| Esquire | Nov 5 2009, 10:12 AM Post #5 |
Holy shit you guys zoophilia!
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Soon as I got to here, I knew what was going to happen next. |
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| Adamac | Nov 5 2009, 11:20 AM Post #6 |
Need a dodgy prescription?
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I like the fact that we've already got ads for antique dressers at the bottom of this thread. Also I think if you're doing a favour for a mate and something goes wrong, there's no legal leg to stand on. You're not professional antique movers, so you wouldn't have liability surely... |
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| Grimmy | Nov 5 2009, 12:32 PM Post #7 |
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I am not sure if I mentioned before but I am the IT manager of a law firm, not sure if we have anyone here who knows about this sort of thing but I do have access to our entire law library. I will log on in a bit and see if I can find anything similar, maybe a similar case that has happened in the past. No promises because in fairness I know very little about the law but I can at least have a look.. now I just need to find my password as I never log onto the thing. EDIT: Not having much luck, trying to search for precedents or cases but if I just put removals it bums me out with more than 3500 results and I can't think of what else to search on in this case. Edited by Grimmy, Nov 5 2009, 12:39 PM.
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| Gerkuman | Nov 5 2009, 12:42 PM Post #8 |
Hiding from Ashen's Killbots
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I'm pretty sure that hiring people who don't work for a moving company demolishes their right to litigation. Verbal contracts aren't worth the paper they're written on. Especially if you can prove that you did everything by the book. If I asked my friend to carry my laptop for me, and he accidently dropped it, it would be my fault for asking him to do it; there'd be no way I could sue him because my property was my responsibility. Same goes for extremely expensive marble dresser tops. She has no leg to stand on. Edited by Gerkuman, Nov 5 2009, 12:45 PM.
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| Grimmy | Nov 5 2009, 12:53 PM Post #9 |
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Well I tried and I couldn't find anything relevant, maybe I just have no idea how to use the law service but even putting in broken furniture came back with nothing relevant, sorry. |
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| Nocturne | Nov 5 2009, 01:09 PM Post #10 |
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If it was just a favour then no*, but they were being paid to perform the move so legally there is some responsibility there. The only way you can be paid and it still class as a favour in the courts is if the reimbursement you recieve is of reasonable value (i.e. equal or similar) to your expenditure in performing that favour (in this case it would likely be the cost of petrol**). The phrase "Verbal contracts aren't worth the paper they are written on" is to be blunt, utter bollocks the second there is any form of reimbursement for a service beyond reasonable costs.
All that proves is that it wasn't wilful negligence. She's still out the antique dresser and it was in their care whilst they were being paid to perform a service. *mostly no, it's more complex than that. If for whatever reason you take my property into your care and during the time you have it, it's damaged or destroyed (or killed if it's a pet) due to negligence or malicious intent you can be held legally liable for that damage. Dropping a laptop - no, leaving the laptop in a place that is known to be susceptible to flooding where you don't store any of your own electronic goods - yes. Cases like this are quite common if the two parties have fallen out and the defendent refuses to reimburse the prosecution **if it goes to court, they'll decided what a reasonable value for reimburesement would have been regardless of what the parties decided, if I asked you to look after my (fictional) infant son for an evening and for reimburesement offered to pay for your month long holiday to spain, that woudn't be considered reasonable even though we both agreed to it Edited by Nocturne, Nov 5 2009, 01:38 PM.
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| Gerkuman | Nov 5 2009, 01:33 PM Post #11 |
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Hiding from Ashen's Killbots
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... You aren't helping. |
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| Nocturne | Nov 5 2009, 01:38 PM Post #12 |
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I'm sorry for being realistic but saying she has no legal standing is completely wrong and not helping. I'm not saying she definately will take legal action and I hope she doesn't but to say otherwise would be misleading. Edited by Nocturne, Nov 5 2009, 02:00 PM.
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| nicomics | Nov 5 2009, 05:25 PM Post #13 |
Artist/Writer/Puppeteer/Dr. Ashen Fan
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so..what, this place doesn't have insurance against Accidents? What kind of antique place it that? |
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| Nocturne | Nov 5 2009, 05:50 PM Post #14 |
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Quickest answer to that question:
Thats from the Ministary of Consumer Affairs in New Zealand (just happened to be the quickest example I could find), the same applies for the UK and US (and most other countries that have consumer laws, couldn't remember where nightwheel lives) Edited by Nocturne, Nov 5 2009, 05:56 PM.
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| Tea spoon | Nov 5 2009, 07:32 PM Post #15 |
Butterer of Toast
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Surely the woman is at fault for not hiring lifters? Surely if it was that vauable, she wouldn't have minded paying a moving company? |
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9:28 PM Nov 28
