A
Annoyd
Guest
Negligence?
State: Mississippi
To record any arrhythmia, a heart specialist recommended I wear a loop monitor for 30
days. Under duress, on January 29, I signed a contract stating that “I understand that I am
held fully responsible for the loop monitor in my possession, valued at $2,000.00.”
On February 9, as I bent over to flush a toilet, the monitor slipped out of its loose holster,
submerging perhaps an inch into the water. I returned it to a technician, who suggested
that since the computer chip at the top of the unit had not been submerged, perhaps the
unit might be reparable.
But on February 29, I received a letter from the office manager stating that the unit could
not be repaired, so I owe $2,000. I replied with a letter stating that because an accident
occurred due to a loose holster for the monitor and the lack of a safety strap (such as
found on gun holsters), and because I did nothing causal, I could not be held liable. But
the manager continues to claim I was negligent and owe the money.
Other considerations are that the unit obviously was well used and may be out-of-date if
not obsolete, and perhaps less expensive units now may be available.
Was I negligent? Do I have a case?
State: Mississippi
To record any arrhythmia, a heart specialist recommended I wear a loop monitor for 30
days. Under duress, on January 29, I signed a contract stating that “I understand that I am
held fully responsible for the loop monitor in my possession, valued at $2,000.00.”
On February 9, as I bent over to flush a toilet, the monitor slipped out of its loose holster,
submerging perhaps an inch into the water. I returned it to a technician, who suggested
that since the computer chip at the top of the unit had not been submerged, perhaps the
unit might be reparable.
But on February 29, I received a letter from the office manager stating that the unit could
not be repaired, so I owe $2,000. I replied with a letter stating that because an accident
occurred due to a loose holster for the monitor and the lack of a safety strap (such as
found on gun holsters), and because I did nothing causal, I could not be held liable. But
the manager continues to claim I was negligent and owe the money.
Other considerations are that the unit obviously was well used and may be out-of-date if
not obsolete, and perhaps less expensive units now may be available.
Was I negligent? Do I have a case?