Who is at fault for a broken window? The customer or me?

[bbhaag]

So today while at work a woman came in and purchased a large concrete statue of a Datamation. It stood about 30" tall and I loaded it upright in the back of her Jeep instead of laying it down flat on its side. I secured it as best I could but she didn't have any straps to secure it better. She said it would be ok so I closed the hatch and she left.

About an hour later she called and explained who she was and told me that the dalmatian tipped over on her way home and broke the passenger side window above the fender on her Jeep. I apologized then took down her information and said I would call her back over the next day or so.

So my question is who is at fault for the broken window me or her? I know the reason she called is because she believes it is our fault and will want me to replace it but is it my fault or after I loaded it was it her responsibility to make sure the load was secure? Weigh in and let me know what you think.

 

[WelshBloke]

It was her car and she was driving. It's her responsibility to make sure everything is secure.

 

[lxskllr]

Not sure how it works legally, but I'd feel responsible if I secured a load and it failed. I'd be inclined to pay for her window, and chalk it up as a lesson. Receipts should state that you don't take responsibility for damage caused by transporting the stuff.

 

[Captante]

While I'm pretty sure legally you are not responsible if I had been the one to do the loading I would feel at least partially responsible for the damage.

 

[Sgt. York]

At the point she said it "would be ok" it became her responsibility, not yours. Now, if she's a steady customer who buys a lot of your products I would consider paying for all or part of the repair.

 

[BoomerD]

It was her car and she was driving. It's her responsibility to make sure everything is secure.

This.

 

[JEDIYoda]

It is the Dalmations fault!!

 

[Red Squirrel]

I'd say it's her, but legally it's probably tricky, since you can sue for anything, so technically she could sue you if she wanted. I would probably explain that you feel it's not really your responsibility once she drove off, but that you're willing to pay for it because you secured it and feel bad that it failed. Basically, pay for it, but make sure she knows you are doing an exception for her, and not setting a precedent.

It's technically Newton's fault though, he's the one that invented gravity!

 

[Scarpozzi]

It's technically Newton's fault though, he's the one that invented gravity!

Yeah...he discovered gravity when he tossed his cookies, right? But then some British jerk had to chime in and remind him that it was really fruit and cake!?

 

[Perknose]

I think anyone who chooses to spend their money on a 30 inch tall concrete statue of a Dalmatian deserves whatever fate befalls them.

Obviously, the Gods of Good Taste felt that monstrosity deserved to die.

 

[rommelrommel]

It’s her fault. Whether it’s worth the fight or not is debatable tho.

 

[SKORPI0]

It's a customers responsibility not yours to make sure that whatever product is loaded in their vehicle is secure and won't move/cause any damage after they leave the retail place . In this case, she is at fault for whatever happens and her verbal to you was "it would be okay".

 

[deadlyapp]

This is one of the reasons why you are generally not permitted in retail to help secure a load because it makes you potentially liable. In this case, it's going to be a bit murky as to whether or not her acknowledgement of "It's OK" eliminates your liability or if your rendering assistance / loading it makes you the at-fault party.

Honestly, the cost of the window is probably 100-200 max and not worth small claims or insurance claim, so you'll just have to decide if you want to provide good customer service to replace it for her and/or if the potential customer service fallout could hurt the business. If you own the business, I would chalk it up to lesson learned. If you're just an employee, you should let someone else figure that out.

 

[s0me0nesmind1]

Legally? I don't know, IANAL and I (and most people here) probably can't cite the laws for your given jurisdictions....

But fundamentally... No. I'm honestly sick of this stupid game in the US where when anything negative occurs in life that the object of the game is to somehow pass responsibility on to other people. God forbid we believe in personal responsibility. Don't keep feeding it by indicating you are liable for another persons actions.

 

[RLGL]

It really doesn't matter who secured the load. The driver is ultimately responsible for the load and its fitness for travel.

 

[slayer202]

her responsibility but your fault. tough call on whether to pay for it. maybe offer to cover half of the cost

 

[zinfamous]

It was her car and she was driving. It's her responsibility to make sure everything is secure.

basically this. If as you say, she said it was good after you doing your best to do the work for her, with whatever materials were available to you that aren't really your prerogative to offer because she brought nothing to properly secure them, it's really her responsibility when it is in her possession.

...that being said, it probably will not work out that way, lol.

 

[ctbaars]

So much misinformation here.
" I loaded it upright in the back of her Jeep " Automatically your fault no matter the moral issues. All other things don't matter. She needs to go through her insurance. Typically, windows have no deductible too. Never, ever load a customers car. The insurance company can decide whether or not to go after your insurance company.

 

[highland145]

Customer should have bought a yard gnome to mind the dalmatian.

Her fault.

 

[crashtech]

It might be good business to pay for the window this time, and do things differently in the future. Not a terribly expensive lesson, she might have gotten in a wreck and gotten killed by the damn thing.

 

[FeuerFrei]

Her fault ... for not buying a soft-top Jeep. And for going offroad with the precious cargo.

Maybe have waivers on hand for each customer that insists on you loading up purchases.

 

[Captante]

her responsibility but your fault. tough call on whether to pay for it. maybe offer to cover half of the cost

she might have gotten in a wreck and gotten killed by the damn thing

My point (s) exactly!

I was a courier for years and we had several antique-dealers as regular customers. It was made crystal-clear that drivers were responsible for securing their loads.

Having said that, I considered myself expert at packing just about anything safely for transportation and part of that expertise was advising the customer if we had insufficient packing material or capacity to get the job done without damage. Part of this was having the customer confirm in writing that they were responsible if they went against my advice.

I was trying not to be a ball-buster but the moment I read that heavy statue was loaded (1) upright & (2) not secured properly I knew it was not going to end well. An additional concern is safety ... just imagine if the woman in question had been conked in the head by the statue in an accident?

Not good.

 

[clamum]

I believe it is your fault because you were the one to load it. Yes it's her car, but IMO she should've felt confident in your loading and not had to worry about it. I don't think she should have to go and secure YOUR work after you did it (unless something GLARINGLY obvious was off). Just my two cents; like lxskllr said I'd chalk it up as a lession.

EDIT: After thinking about it, I can see where people are saying it's her fault. I can see it both ways I guess. It sounds like your proposed solution is about the best way you could handle it, IMO.

 

[Sgt. York]

Some of you seem to be overlooking the fact that the driver told the OP it was OK. That puts all liability and responsibility on her.

If she sued the OP in small claims court, as soon as the judge heard she said it was OK he/she/it would toss the case out of court.

 

[JEDIYoda]

NJext time you need to have a helicopter fly it to her home and drop the Dalmation in the front yard!!