Car Wash liability?
-
So my SO wanted to wash her car and we passed an automated carwash very close to out house so she stopped. There were signs that said "we are not responsible for damage..." well to make a long story short the wash ripped off (and broke them beyond repair) both mirrors and even left one inside the machine which we had to have the 14 year old running the show fetch... Is there any way to get them to pay for the broken mirrors? I know that getting a lawyer involved would end up costing many times more than its possibly worth.
John
I'm not a lawyer - I wouldn't want to damage my family's reputation - but I have had occasion to take several law classes in my life, and this is a recurring topic. Placing a sign denying responsibility for damage has no legal standing whatsoever. It may make the owner feel better, and might intimidate customers from pursuing legal recourse, but it has no meaning under the law. While lawyers posing as legislators have bastardized the criminal law arena for their own enrichment, in tort law the standard of the "reasonable person" still applies in most cases. If a reasonable person would consider it safe to use a service, and that service is the proximate cause of damage to that person, there is a case for a liability claim, no matter what silly signs are posted. It would be courteous to send the car wash owner a claim for damages to cover the cost of repairs. If you haven't received a response that is satisfactory within a reasonable period of time - 30 days, perhaps - I'd consider legal action. Your best bet is probably to use small claims court, which doesn't allow lawyers in the door to muddle things. In most areas the monetary limit for a claim is about $5000, and a judge - not a jury - will hear the case and decide the outcome. You are, in this case, entirely dependent on the judge's knowledge of law and personal prejudices, but many are quite competent. You may want to consult a lawyer for advice about how to approach the case, but that will be much cheaper than going the whole Superior Court routine. IMHO, car washes are generally safe unless the equipment is defective or has not been maintained correctly. Those brushes are supposed to swing freely and move out of the way to prevent ripping mirrors off the car, but the owner may not have followed the proper PM schedule for inspection and lubrication, causing them to stick. I'd start by presenting a subpoena for maintenance records and the manufacturer's recommended maintenance schedule, then compare the two for discrepancies. If the owner is like most small business people, maintenance will be the last thing he's willing to spend money on and you'll find several errors. These would be the core of your case, and the focus of your argument. In criminal law, you must prove a case "beyond a reasonable doubt," but in tort law you are held only to the lesser standard of "a preponderance of evidence." This is a much easier standard, which is why OJ got away with murder in criminal court, but lost in a wrongful death suit in civil court. As
-
Steve_Harris wrote:
Regular car washes wreck the paintwork.
It depends on the carwash tunnel and the material of the brushes. I have a dark blue car which I pass through a tunnel 3 or 4 times per week and I've never had problems with my paintwork being scratched or something. Of course, if the brushes are low quality, or the car doesn't get enough water (and it's full of dirt), then it could be scratched, but it's not common.
Luis Alonso Ramos Intelectix Chihuahua, Mexico My Blog!
Luis Alonso Ramos wrote:
I pass through a tunnel 3 or 4 times per week
Wow. Is it dusty there? I go down muddy roads every day to work and only wash mine (by hand) once a month or so.
-
Could you translate that into Canadian terms? Is that like being sent to New Foundland or the Territories? Though TBH, Fosters, for a pregnant mare's urine of a beer is still MUCH better than the locally brewed Jordanian Amstel.
Don't forget to vote if the response was helpful
Sig history "dad" Ishmail-Samuel Mustafa Unix is a Four Letter Word, and Vi is a Two Letter Abbreviation
That's no surprise. Fosters - being the crappest Aussie beer there is - is still (just) better than the mass market American crap (Bud etc.) we get imported here. In one of my old locals we had a saying: SOD FOSTERS. I'M DRINKIN' THE DOG. 'Nuff said. ;)
Anna :rose: Having a bad bug day? Tech Blog | Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"
-
That's no surprise. Fosters - being the crappest Aussie beer there is - is still (just) better than the mass market American crap (Bud etc.) we get imported here. In one of my old locals we had a saying: SOD FOSTERS. I'M DRINKIN' THE DOG. 'Nuff said. ;)
Anna :rose: Having a bad bug day? Tech Blog | Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"
I haven't tried Aussie beers, can't get them locally. I hear good things about them though and not just from Mick Martin. <joke mode>
Anna-Jayne Metcalfe wrote:
SOD FOSTERS. I'M DRINKIN' THE DOG.
I hesitate to ask, from where?!? </joke mode> But seriously, there are no "indiginous" Jordanian beers, the Egyptian ones are even worse. The only truly Arabic beer that is good, is not just good, but flamin brilliant is a Lebanese one called Almaza which is has been bought by Heineken (mind you, the imported Heineken from the Netherlands is quite good as well)
Don't forget to vote if the response was helpful
Sig history "dad" Ishmail-Samuel Mustafa Unix is a Four Letter Word, and Vi is a Two Letter Abbreviation
-
I haven't tried Aussie beers, can't get them locally. I hear good things about them though and not just from Mick Martin. <joke mode>
Anna-Jayne Metcalfe wrote:
SOD FOSTERS. I'M DRINKIN' THE DOG.
I hesitate to ask, from where?!? </joke mode> But seriously, there are no "indiginous" Jordanian beers, the Egyptian ones are even worse. The only truly Arabic beer that is good, is not just good, but flamin brilliant is a Lebanese one called Almaza which is has been bought by Heineken (mind you, the imported Heineken from the Netherlands is quite good as well)
Don't forget to vote if the response was helpful
Sig history "dad" Ishmail-Samuel Mustafa Unix is a Four Letter Word, and Vi is a Two Letter Abbreviation
Mustafa Ismail Mustafa wrote:
I hesitate to ask, from where?!?
The Dog[^]. 4 bottles of that and believe me you'll not be only under the table but groaning in the basement wishing the world would end soon. It used to be said "Drink a pint of Broon and Be a Man", but they never showed you the same Man after he'd "had 8 pints and Broon and become an Amoeba" (as is almost inevitable with the fizzy black stuff we call Broon). Evil stuff. :doh: I've not tried any beers from the middle east...I prefer Belgian styles myself (oh and Gales HSB - RIP :rose: ). Grimbergen [^] is a particular favourite at the moment. :) On that note, I'm off to Church to scare the other inmates from the lectern (I'm doing one of the readings today, and running the projector with the lyrics on it). See ya later. :)
Anna :rose: Having a bad bug day? Tech Blog | Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"
-
Mustafa Ismail Mustafa wrote:
I hesitate to ask, from where?!?
The Dog[^]. 4 bottles of that and believe me you'll not be only under the table but groaning in the basement wishing the world would end soon. It used to be said "Drink a pint of Broon and Be a Man", but they never showed you the same Man after he'd "had 8 pints and Broon and become an Amoeba" (as is almost inevitable with the fizzy black stuff we call Broon). Evil stuff. :doh: I've not tried any beers from the middle east...I prefer Belgian styles myself (oh and Gales HSB - RIP :rose: ). Grimbergen [^] is a particular favourite at the moment. :) On that note, I'm off to Church to scare the other inmates from the lectern (I'm doing one of the readings today, and running the projector with the lyrics on it). See ya later. :)
Anna :rose: Having a bad bug day? Tech Blog | Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"
Generally, you wouldn't want to try Middle Eastern beers, they're quite reminiscent of Ankh-Morporkian beverages. However, you ought to certainly try the wines (Jordanian, Lebanese, Tunisian and Moroccan, yummy stuff) Arak which is the Arabic Ouzo (lethal stuff, particularly good if you like Anisine). Carlsberg is one of my all time favs and German Pilsner (there's a bunch of 'em)
Anna-Jayne Metcalfe wrote:
On that note, I'm off to Church to scare the other inmates from the lectern (I'm doing one of the readings today, and running the projector with the lyrics on it). See ya later.
Have fun :)
Don't forget to vote if the response was helpful
Sig history "dad" Ishmail-Samuel Mustafa Unix is a Four Letter Word, and Vi is a Two Letter Abbreviation
-
Mustafa Ismail Mustafa wrote:
I hesitate to ask, from where?!?
The Dog[^]. 4 bottles of that and believe me you'll not be only under the table but groaning in the basement wishing the world would end soon. It used to be said "Drink a pint of Broon and Be a Man", but they never showed you the same Man after he'd "had 8 pints and Broon and become an Amoeba" (as is almost inevitable with the fizzy black stuff we call Broon). Evil stuff. :doh: I've not tried any beers from the middle east...I prefer Belgian styles myself (oh and Gales HSB - RIP :rose: ). Grimbergen [^] is a particular favourite at the moment. :) On that note, I'm off to Church to scare the other inmates from the lectern (I'm doing one of the readings today, and running the projector with the lyrics on it). See ya later. :)
Anna :rose: Having a bad bug day? Tech Blog | Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"
I've drunk Newcastle Brown once (when I was at university) and I didn't bother finishing the bottle - which is almost unheard of, for me. I much preferred the Ruddles County our SU had on tap.
-
Mustafa Ismail Mustafa wrote:
I hesitate to ask, from where?!?
The Dog[^]. 4 bottles of that and believe me you'll not be only under the table but groaning in the basement wishing the world would end soon. It used to be said "Drink a pint of Broon and Be a Man", but they never showed you the same Man after he'd "had 8 pints and Broon and become an Amoeba" (as is almost inevitable with the fizzy black stuff we call Broon). Evil stuff. :doh: I've not tried any beers from the middle east...I prefer Belgian styles myself (oh and Gales HSB - RIP :rose: ). Grimbergen [^] is a particular favourite at the moment. :) On that note, I'm off to Church to scare the other inmates from the lectern (I'm doing one of the readings today, and running the projector with the lyrics on it). See ya later. :)
Anna :rose: Having a bad bug day? Tech Blog | Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"
Anna-Jayne Metcalfe wrote:
The Dog[^]. 4 bottles of that and believe me you'll not be only under the table but groaning in the basement wishing the world would end soon. It used to be said "Drink a pint of Broon and Be a Man", but they never showed you the same Man after he'd "had 8 pints and Broon and become an Amoeba" (as is almost inevitable with the fizzy black stuff we call Broon).
I quite like that, but I don't think I've ever had more than two bottles.
-
Anna-Jayne Metcalfe wrote:
The Dog[^]. 4 bottles of that and believe me you'll not be only under the table but groaning in the basement wishing the world would end soon. It used to be said "Drink a pint of Broon and Be a Man", but they never showed you the same Man after he'd "had 8 pints and Broon and become an Amoeba" (as is almost inevitable with the fizzy black stuff we call Broon).
I quite like that, but I don't think I've ever had more than two bottles.
You're lucky. After the second bottle, the fizz always wins....and before you know it you find you're in a Dumpys Rusty Nuts gig with a bunch of hairy bikers dancing really badly. :doh:
Anna :rose: Having a bad bug day? Tech Blog | Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"
-
I've drunk Newcastle Brown once (when I was at university) and I didn't bother finishing the bottle - which is almost unheard of, for me. I much preferred the Ruddles County our SU had on tap.
It's what they call an "acquired taste". Fortunately, I recovered from the experience... :-\ Ruddles was OK before the brewery[^] was bought out and closed by Greene King (destroyers of decent beer)...for a long time it's been a pale shadow of its former self I'm afraid. The same thing happened to my favourite ale (Gales HSB) more recently. Damn, Damn, Damn... :sigh:
Anna :rose: Having a bad bug day? Tech Blog | Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"
-
It's what they call an "acquired taste". Fortunately, I recovered from the experience... :-\ Ruddles was OK before the brewery[^] was bought out and closed by Greene King (destroyers of decent beer)...for a long time it's been a pale shadow of its former self I'm afraid. The same thing happened to my favourite ale (Gales HSB) more recently. Damn, Damn, Damn... :sigh:
Anna :rose: Having a bad bug day? Tech Blog | Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"
Anna-Jayne Metcalfe wrote:
Ruddles was OK before the brewery[^] was bought out and closed by Greene King
I was at university many, many years before that :-)
-
Generally, you wouldn't want to try Middle Eastern beers, they're quite reminiscent of Ankh-Morporkian beverages. However, you ought to certainly try the wines (Jordanian, Lebanese, Tunisian and Moroccan, yummy stuff) Arak which is the Arabic Ouzo (lethal stuff, particularly good if you like Anisine). Carlsberg is one of my all time favs and German Pilsner (there's a bunch of 'em)
Anna-Jayne Metcalfe wrote:
On that note, I'm off to Church to scare the other inmates from the lectern (I'm doing one of the readings today, and running the projector with the lyrics on it). See ya later.
Have fun :)
Don't forget to vote if the response was helpful
Sig history "dad" Ishmail-Samuel Mustafa Unix is a Four Letter Word, and Vi is a Two Letter Abbreviation
I'll bear it in mind if ever I come across any. Ever tried mead. BTW (evil stuff offered by visiting Vikings)? Oh and if you ever come to the UK don't bother with any of the Pilsners here...the ones in the UK are crap by comparison with those on the continent. That doesn't matter too much though, as we have real ale[^] instead. :-D
Anna :rose: Having a bad bug day? Tech Blog | Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"
-
Anna-Jayne Metcalfe wrote:
Ruddles was OK before the brewery[^] was bought out and closed by Greene King
I was at university many, many years before that :-)
Scarily, so was I! :~
Anna :rose: Having a bad bug day? Tech Blog | Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"
-
I've drunk Newcastle Brown once (when I was at university) and I didn't bother finishing the bottle - which is almost unheard of, for me. I much preferred the Ruddles County our SU had on tap.
The only beer that I had trouble finishing was at a restaurant close to the University of Alberta back in Edmonton. I can't remember the name of the place but they had an ale named Albino Rhino. I guess in hindsight I should have known the source :doh:
-
I'll bear it in mind if ever I come across any. Ever tried mead. BTW (evil stuff offered by visiting Vikings)? Oh and if you ever come to the UK don't bother with any of the Pilsners here...the ones in the UK are crap by comparison with those on the continent. That doesn't matter too much though, as we have real ale[^] instead. :-D
Anna :rose: Having a bad bug day? Tech Blog | Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"
Never mead, read about it all the time, it being brewed from honey and all that, very common in fantasy stories but haven't actually tasted the brew. I'll be sure to try some when I pass by. Pete promised me a tour of the inside of his favorite watering hole if I actually make it to Newcastle!
-
Never mead, read about it all the time, it being brewed from honey and all that, very common in fantasy stories but haven't actually tasted the brew. I'll be sure to try some when I pass by. Pete promised me a tour of the inside of his favorite watering hole if I actually make it to Newcastle!
Mustafa Ismail Mustafa wrote:
Never mead, read about it all the time, it being brewed from honey and all that, very common in fantasy stories but haven't actually tasted the brew.
Mead is eminently quaffable but with a kick like a mule wearing DMs...so unless you like really, really, really bad hangovers beware of Vikings bearing drinking horns (I learnt this the hard way a few years ago).
Mustafa Ismail Mustafa wrote:
I'll be sure to try some when I pass by. Pete promised me a tour of the inside of his favorite watering hole if I actually make it to Newcastle!
Now that sounds like a plan. :)
Anna :rose: Having a bad bug day? Tech Blog | Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"
-
Mustafa Ismail Mustafa wrote:
Never mead, read about it all the time, it being brewed from honey and all that, very common in fantasy stories but haven't actually tasted the brew.
Mead is eminently quaffable but with a kick like a mule wearing DMs...so unless you like really, really, really bad hangovers beware of Vikings bearing drinking horns (I learnt this the hard way a few years ago).
Mustafa Ismail Mustafa wrote:
I'll be sure to try some when I pass by. Pete promised me a tour of the inside of his favorite watering hole if I actually make it to Newcastle!
Now that sounds like a plan. :)
Anna :rose: Having a bad bug day? Tech Blog | Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"
Anna-Jayne Metcalfe wrote:
Mead is eminently quaffable but with a kick like a mule wearing DMs
Steel toes DMs surely :) I ought to make a night of it one night and gobble those Habanero stuffed Nagas you mentioned along with a dousing portion of mead. Should be a night to remember! :laugh:
Anna-Jayne Metcalfe wrote:
Now that sounds like a plan.
Certainly. If and when I do make it to England, I'll be telling the lot of you, then we can have a proper CP drunkfest meeting
-
Anna-Jayne Metcalfe wrote:
Mead is eminently quaffable but with a kick like a mule wearing DMs
Steel toes DMs surely :) I ought to make a night of it one night and gobble those Habanero stuffed Nagas you mentioned along with a dousing portion of mead. Should be a night to remember! :laugh:
Anna-Jayne Metcalfe wrote:
Now that sounds like a plan.
Certainly. If and when I do make it to England, I'll be telling the lot of you, then we can have a proper CP drunkfest meeting
I'll look forward to it. :-D
Anna :rose: Having a bad bug day? Tech Blog | Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"
-
I'll bear it in mind if ever I come across any. Ever tried mead. BTW (evil stuff offered by visiting Vikings)? Oh and if you ever come to the UK don't bother with any of the Pilsners here...the ones in the UK are crap by comparison with those on the continent. That doesn't matter too much though, as we have real ale[^] instead. :-D
Anna :rose: Having a bad bug day? Tech Blog | Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"
I've never tried 'real' Mead. That is, Mead made by someone who knows what they are doing but in my yoof I was very into home-brewing. I once made some mead from a recipe that I found in a sort of brewers/conservers cookbok from a junk shop. It turned out like a sort of quaffable medium Sherry, had a hell of a kick, but not as much as the rice-wine I once made. That tasted like Whisky. Happy days.
Henry Minute Do not read medical books! You could die of a misprint. - Mark Twain Girl: (staring) "Why do you need an icy cucumber?"
-
I've never tried 'real' Mead. That is, Mead made by someone who knows what they are doing but in my yoof I was very into home-brewing. I once made some mead from a recipe that I found in a sort of brewers/conservers cookbok from a junk shop. It turned out like a sort of quaffable medium Sherry, had a hell of a kick, but not as much as the rice-wine I once made. That tasted like Whisky. Happy days.
Henry Minute Do not read medical books! You could die of a misprint. - Mark Twain Girl: (staring) "Why do you need an icy cucumber?"
Sounds fun! :) FWIW at Uni I brewed beer in my wardrobe.... :-O
Anna :rose: Having a bad bug day? Tech Blog | Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"