Who's responsible????

[dlb]

Indiana. we purchased some appliances and when they were delivered our driveway recieved substanial damage. The appliance company claims they are not responsible because the delvery company is seperate from them. when we payed for our appliances we also payed a delevery charge at the same time and on the same invoice as our appliances.It does not state anywhere that they are not responsible for delivery... who fixes my driveway????

 

[I AM ALWAYS LIABLE]

My response:

You sue both companies under negligence theories, and for joint and several liability. The delivery company because they actually damaged the property. The appliance company because the delivery company is their agent.

The principle is always liable for the acts of an agent while in the course and scope of employment. The only time that theory doesn't hold water is if the agent "purposefully and maliciously" caused the damages.

IAAL

 

[dlb]

Thank you

Indiana. we purchased some appliances and when they were delivered our driveway recieved substanial damage. The appliance company claims they are not responsible because the delvery company is seperate from them. when we payed for our appliances we also payed a delevery charge at the same time and on the same invoice as our appliances.It does not state anywhere that they are not responsible for delivery... who fixes my driveway????

They are taking us to small claims court because we stopped payment on thier check for the appliances because they kept saying they were not responsible for the delivery service. we only stopped payment after not getting any response form either company. It was the only way we felt we had any leverage. Do you think we have a chance of winning. I have taken several pictures , gotten a written estimate and documented all phone conversations which add up to 10 calls in a months time. Thanks for you time

 

[I AM ALWAYS LIABLE]

My response:

Well, you shouldn't have "self-helped" yourself to an unwarranted "set-off". I realize you've been wronged, but the fact remains that you have their appliances - which is what the check was for. Their appliances and your driveway are two, distinct and separate, issues. But, what's done is done.

Okay, now your job is to file "Cross-Complaints" against both the Appliance Store and the Delivery Company. On top of that, you've got to get this accomplished prior to the hearing on the Complaint against you.

Time is now of the essence. Tick tock.

IAAL