LBS screwed up. Need input! What now?

[Wet Ears]

To get technical is "strict liability" not in terms of CPA ie it governs those affected by CPA and "vicarious liability" is found in common law ie governs everyone

[Minion]

And hence the difference between common sense and law.

Although in this particular instance, I think the two coincide. I've had bad experiences in the past where a contract has been materially misrepresented to me, only to be told "We can't help you, the guy who sold the contract doesn't work here any more (although we're quite happy to continue receiving the benefit from his misdeeds)", so I can definitely see the sense of the law.

 

I think your point, though, wasn't that the owner shouldn't be responsible for fixing the problem, but rather that he shouldn't be unfairly pilloried without first giving him a reasonable chance to fix it. What's the saying? Don't judge a business by their mistakes, but rather the measures they take to make them right.

Edited December 4, 2012 by Minion

[T-man]

Getting technical now. My fork has been send to a qaulified shock mechanic today. I will ask for job card. My goal is not to name and shame. I want my fork to funcion 100% smooth...like it was. I dont know whether it is still under warranty?about 18months old. I agree. If the manager deals with this well, it might still work out! I will never service my bike or shock there again no matter what... Just worried that the fork wont be the same as it was... With regards to what the arrangement was when I took my bike there for the first time. Major service. Check whether shock needs a service... On this they replied that they will have to send it away. Will take up to 7 days. I told them not to service shock then.... Got a call from a chap working there later the day saying he has good news. Someone services my fork right there without sending it away. I thought bloody nice.. Now I am thinking...julle etters!

[Slowbee]

Although in this particular instance, I think the two coincide. I've had bad experiences in the past where a contract has been materially misrepresented to me, only to be told "We can't help you, the guy who sold the contract doesn't work here any more (although we're quite happy to continue receiving the benefit from his misdeeds)", so I can definitely see the sense of the law.

 

I think your point, though, wasn't that the owner shouldn't be responsible for fixing the problem, but rather that he shouldn't be unfairly pilloried without first giving him a reasonable chance to fix it. What's the saying Don't judge a business by their mistakes, but rather the measures they take to make them right.

 

umm, if you swear at me one more time, I am going to report you, and then ban you. I had to re-read, the re-read. But ja, thats what I said.

[Minion]

umm, if you swear at me one more time, I am going to report you, and then ban you. I had to re-read, the re-read. But ja, thats what I said.

But I like pillory. It was my word of the day

[Slowbee]

But I like pillory. It was my word of the day

, tea, nose, screen!

[LOOK695]

, tea, nose, screen!

And here I thought there was a hub fight coming up

[GrumpyOldGuy]

There is something called "strict liability" where the owner of a business is liable for the damage caused by one of his employees in performing his duties. So if the employee caused the damage, the employer will be liable for damages. This is found in both civil and criminal law.

 

Quite correct, and most companies will insure themselves against something like this. We had to carry massive insurance because quite simply the employer / responsible person / manager / owner cannot be everywhere, so if an employee was negligent and there were damages and a resulting legal suit, we could refer it to our insurers. Thankfully we never had to, but we still carried the insurance.

 

The same could happen here, lets say for instance the shock malfunctioned, the rider was injured as a direct result of said malfunction and instituted a legal action for damages against the company (employer) however if the company was not authorized to do the work, they would have little chance of the insurance defending them in a legal suit.

 

A policy will not mean an employee can simply be negligent though, the employer or company will still need processes in place that double checks every job before its released to the client, and its signed off and filed somewhere for safe keeping. Problems and damages can still occur, but as long as the employer can prove reasonable precautions have been taken, the insurance will cover the client.

Edited December 4, 2012 by GrumpyOldGuy

[BergForce]

Getting technical now. My fork has been send to a qaulified shock mechanic today. I will ask for job card. My goal is not to name and shame. I want my fork to funcion 100% smooth...like it was. I dont know whether it is still under warranty?about 18months old. I agree. If the manager deals with this well, it might still work out! I will never service my bike or shock there again no matter what... Just worried that the fork wont be the same as it was... With regards to what the arrangement was when I took my bike there for the first time. Major service. Check whether shock needs a service... On this they replied that they will have to send it away. Will take up to 7 days. I told them not to service shock then.... Got a call from a chap working there later the day saying he has good news. Someone services my fork right there without sending it away. I thought bloody nice.. Now I am thinking...julle etters!

 

What is wrong with the fork? What seems to be the problem? What is like it was?

['Dale]

Just say stop: Bruce's,Hatfield,Hotspot,Epic,FPC,Solomons,cycle lab,cycle house,bester......

 

:-D

[T-man]

It feels very bumpy.. not smooth at all. Lock out does not work....i did set rebound but still not smooth at all. lbs picked up my bike at my work place this morning and will deliver to me again with repaired fork today. Service not bad at all now.

[awesme]

hmmm previously they said it will take 7 days, now pickup and deliver on same day, i'd be worried, how them fixing it, have them explain. Maybe they taking to someone else, who is certified to fix fork, then great.

 

this is the point where they need to share all actions taken, all people involved in fixing their mistake.

 

G

 

It feels very bumpy.. not smooth at all. Lock out does not work....i did set rebound but still not smooth at all. lbs picked up my bike at my work place this morning and will deliver to me again with repaired fork today. Service not bad at all now.

[T-man]

They did take it to a certain ruan... Fork mechanic...Obviously I will test it properly over the next few days.. especially with voriberg saturday and babbas lodge sunday! Doubt they will ever attempt to sevice forks again.....