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MMD > Archives > July 2006 > 2006.07.10 > 01Prev  Next


Liability for Flood Damage to Customer's Instrument
By Dave Smith

Hello all,  I'm assuming we have people reading this from all walks
of life; I'd like to start a new thread if I might.  Also possibly
offering some of you food for thought as well as looking into your
own exposure, liability, etc.

We were just hit with a flood on June 28th.  Typical of my luck I'm
beginning to feel, this was my birthday!  It's okay to laugh; hell,
I did.  Anyway, we have lost much; some things can be salvaged.
The reason for this posting, however, is to make you all aware of
customer's property.

While we have a BOP insurance policy, it does not cover floods.
Neither does homeowner's, etc.  Some customer's things are going to be
fine; others are questionable at best.  The advice I received today
from a lawyer was that I would be liable for the customers instrument
as this is a bailment.

I pointed out the clause on our contract that read the customer is
responsible to have adequate insurance while instrument in our
possession, to which the lawyer again repeated that I am liable.

I understood that with a bailment that I would take reasonable care,
etc., while in my possession and even though this was a flood I was
again told that I am liable.  Assuming that the customer ultimately
sues us, the question of value will then come into play.

Again, I offer this as food for thought and will be anxious to see
what others have done to either prevent or resolve such issues.

I will be putting a few things on eBay in hopes that some one will
find some value to them.  We are overwhelmed here and have to make some
decisions.  If you have any interest in the following let me know:

1. Clementi barrel organ -- floated then tipped over in water;
2. Cozatt calliope -- was completely underwater;
3. Early English barrel piano, fusee drive, rosewood with brass inlay,
   fancy case -- water over keyboard.

Thanks,
Dave Smith - Out-Back Mechanical Music
Bainbridge, New York
http://www.frontiernet.net/~outbackmechmusic/index.htm


(Message sent Mon 10 Jul 2006, 23:22:27 GMT, from time zone GMT-0400.)

Key Words in Subject:  Customer's, Damage, Flood, Instrument, Liability

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