questions about company being liable

[agotham]

What is the name of your state (only U.S. law)? Wyoming
I allowed my son in law to drive my extra vehicle to his work for a few days he works construction. While at work one of the companies concrete pumping machines broke causing the pump to come apart one of the pieces flew into my truck and broke the rear window, he tried to take care of the getting the company to pay for it they told him he should park on the street and the best they would do is a pay him back for a junkyard piece of glass and he would install it . I said no i want new glass that was in the truck they told him to stop harrasing them it wont happen. I called them and they told me same story can i take this to small claims court or is it a waste of my time.

 

[Ladyback1]

What is the name of your state (only U.S. law)? Wyoming
I allowed my son in law to drive my extra vehicle to his work for a few days he works construction. While at work one of the companies concrete pumping machines broke causing the pump to come apart one of the pieces flew into my truck and broke the rear window, he tried to take care of the getting the company to pay for it they told him he should park on the street and the best they would do is a pay him back for a junkyard piece of glass and he would install it . I said no i want new glass that was in the truck they told him to stop harrasing them it wont happen. I called them and they told me same story can i take this to small claims court or is it a waste of my time.

And what is the issue w/ using salvaged glass?
Furthermore, did your son park in an area that was potentially dangerous (IE too close to the jobsite)?

How old is the truck? Because unless it was brand new, off the lot, when this happened, then the glass in the vehicle has a depreciated value.
I think you are setting your sights way too high, and going to small claims would be a waste of time. But that's just me (who had her window broke out by vandals, and used "junkyard" glass and the very mechanically inclined, handy w/ tools boyfriend to replace said glass...)

 

[agotham]

my issue with the junkyard glass for the rear is the defroster working the glass was put in new just over a year ago so i feel that it had no defects and was clean so i should be able to get a equal replacement he parked with other vehicles that got sprayed with concrete but mine was the only one damaged if the guy knew how to put in the glass and gave me the same warranty people in town that do the work will that by all means he can do it but i have been a mechanic and have seen what some people who think they can do the work will do to a vehicle

 

[Zigner]

You can have a mechanic install glass - it doesn't have to be new.

 

[latigo]

my issue with the junkyard glass for the rear is the defroster working the glass was put in new just over a year ago so i feel that it had no defects and was clean so i should be able to get a equal replacement he parked with other vehicles that got sprayed with concrete but mine was the only one damaged if the guy knew how to put in the glass and gave me the same warranty people in town that do the work will that by all means he can do it but i have been a mechanic and have seen what some people who think they can do the work will do to a vehicle

Interesting all this talk about what you think is coming to you. Except for the fact that it is overlooking one small detail.

Which detail is that you haven't mentioned a bloody thing even suggesting that the company is legally responsible to replace the glass. In other words, you have no lawsuit.

If you want to have your say in small claims and perhaps jeopardize your son-in-law's livelihood over a few dollars, that is certainly your prerogative.

But you will lose unless you're able to prove negligence on the part of the company. And to attempt to do that you will be spending more money than the whole truck is worth in hiring the necessary qualified people to testify that the company failed to exercise reasonable due care to prevent the malfunction. And that its failure to do so was the sole proximate cause of the accident.

Just because the equipment did whatever it did does not necessarily make the owner liable for the consequences! You will have to prove that they are liable for the consequences. Plus that those consequences must have been reasonably foreseeable .And and having the truck parked where it should not have been parked was not foreseeable.

Furthermore, under no circumstances would you be entitled to recover the cost of "new replacement glass". No more that you would be entitled to the price of "a new truck" had it been totaled as a result of the incident. That glass became "used" the moment it was installed.

 

[agotham]

Interesting all this talk about what you think is coming to you. Except for the fact that it is overlooking one small detail.

Which detail is that you haven't mentioned a bloody thing even suggesting that the company is legally responsible to replace the glass. In other words, you have no lawsuit.

If you want to have your say in small claims and perhaps jeopardize your son-in-law's livelihood over a few dollars, that is certainly your prerogative.

But you will lose unless you're able to prove negligence on the part of the company. And to attempt to do that you will be spending more money than the whole truck is worth in hiring the necessary qualified people to testify that the company failed to exercise reasonable due care to prevent the malfunction. And that its failure to do so was the sole proximate cause of the accident.

Just because the equipment did whatever it did does not necessarily make the owner liable for the consequences! You will have to prove that they are liable for the consequences. Plus that those consequences must have been reasonably foreseeable .And and having the truck parked where it should not have been parked was not foreseeable.

Furthermore, under no circumstances would you be entitled to recover the cost of "new replacement glass". No more that you would be entitled to the price of "a new truck" had it been totaled as a result of the incident. That glass became "used" the moment it was installed.

I was expecting a company to stand up for their equipment when it breaks simply that if something broke off my vehicle and damaged something ill pay for it i dont want to sue for millions because i spilled hot coffee on myself i just wanted an opinion on if case was worth it i have had bad luck with junkyard parts in the past so it is my personal choice on that one but ill pay for a new one thanks for the information

 

[cbg]

I'll take this round, shall I?

Before you make any more of a fool of yourself by invoking poor Stella in a situation where she really doesn't belong, perhaps you should read the actual facts since you clearly do not know them.

http://www.lectlaw.com/files/cur78.htm

 

[agotham]

thanks for the replies got my answer ill pay for the window and no not a lawyer don't know much on laws and never bothered to look into the coffee thing was just meaning that as i was not being extravagant with what i wanted thought he should pay for damages but i found out differently case closed moving on

 

[justalayman]

thanks for the replies got my answer ill pay for the window and no not a lawyer don't know much on laws and never bothered to look into the coffee thing was just meaning that as i was not being extravagant with what i wanted thought he should pay for damages but i found out differently case closed moving on

she wasn't being extravagant either. nor did she sue for millions. The jury decided on the number.


She asked for about $20,000 originally and was rebuffed by mcD's. She had some very nasty ugly burns (there are pictures available).