To: jim_trent
I agree that people attempting to get a big settlement can be ridiculous. The cases I used were a good suit being ruined by the cleaners and fabric wasted because of a mistake in a pattern. It would seem to me that the proper recompense should be the cost of the suit or the fabric. Yet, the disclaimer used in both cases denied anything but the price of the vendor's product, i.e. the cleaner's cost and the price of the pattern.
Thanks for the information. I'm intrigued by your statement that a disclaimer is not legally binding, but could help. Thanks again.
16 posted on
06/10/2003 2:28:24 PM PDT by
kitkat
(CONDEMNATION SALE, UN property in NY City, handyman special)
To: kitkat
A good place would have worked out a better compromise. But, I am willing to bet you never went back there again. When I don't receive good service, I never go back.
I did not exactly say that a disclaimer is not legally binding. First, you have to hire a lawyer and go to court in order to force anything more than they are willing to offer. The cost usually means they have the upper hand (you could try small claims court, but I have not seen much good come from them). If you had to sign anything in advance of the "accident" that included the disclaimer, and it was printed in legible, easy to understand print (whether or not you read it), you probably would not have a chance of collecting.
If you did not sign anything in advance, or it is difficult to read or understand, that weakens their case. That does not automatically mean you will win, but it will help. That is why posting a disclaimer on your car is pretty much useless. If they don't sign something in advance of an accident saying that they agree to your terms, you would not have much of a case. Also, I believe that there has to be something of value exchanged (ie. they would receive no benefit from absolving you even if they did sign something).
When it comes to lawyers, however, you will never get a definitive answer to any question. It all depends on how much you want to spend with them. However, I am willing to bet that if I have said anything wrong, some lawyer will correct me.
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