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Car Forum / Antique and Collectibles / Studebaker / September 2007Windshield question
I have had my '57 Packard wagon at the upholstery shop for the past month having a new interior put in. They have done a great job, but there was a minor glitch in the system. When the glass guy was reinstalling the windshield it broke. He was hired by the upholstery shop to do the work, I never even met him. The shop said nothing about who is responsible for what when they took the wagon. Who do you all think is responsible for paying for a new windshield, the glass guy, the upholstery shop, or me? There was no paperwork signed. Chip  Signature-------------------- http://NewsReader.Com/ -------------------- Usenet Newsgroup Service $9.95/Month 30GB I believe that the ultimate responsibility is with the me. The glass may have had a minor crack that weakened it, which increases the breakage risk with each handling. Now, if it was due to carelessness--poor storage, dropped, etc then the installer should stand behind it. Maybe the upholstery guy's dog jumped on it. Good luck! Steve >I have had my '57 Packard wagon at the upholstery shop for > the past month having a new interior put in. They have done [quoted text clipped - 7 lines] > > Chip 1) It would be much too costly for the glass installer or his insurer have an engineer try to determine if there were a pre-existing crack in the glass; 2) The glass installer is not an employee of the upholstery shop, the owners of which would not have instructed the installer how to do the job. There is no "master-servant" relationship involved - the installer is an independent contractor who happened to be working on the upholsterer's premises. The location of the loss does not infer any liability on the upholsterer because the loss does not arise out of "premises" - it arises out of negligent action; 3) Are there any witnesses offering a detailed description of the events which occurred and resulted in the damage to your upholstery? Dropping the glass is simple negligence for which the installer is liable. Likely he/she has a deductible under their General Liability policy and won't want to process a claim unless there is significantly more expensive damage to be repaired or some argument over their responsibility; 4) I don't believe the upholsterer is responsible unless there are some details missing which would implicate them for contributory negligence in the affair. Brooksie >I have had my '57 Packard wagon at the upholstery shop for > the past month having a new interior put in. They have done [quoted text clipped - 7 lines] > > Chip I should read better... the new windshield would be paid for by the installer. It would not be covered by their liability policy at all as it was in their "care, custody or control" (i.e. their workmanship is not insured) Brooksie >>I have had my '57 Packard wagon at the upholstery shop for >> the past month having a new interior put in. They have done [quoted text clipped - 7 lines] >> >> Chip Chip, did the upholstery shop give you a firm price in advance that included R&R'ing the windshield? If yes, I would think that you are not liable and the glass man is but it is the responsibity of the upholstery shop (not yours) to make him obtain a new W/S and install it and pay him only for the labor. (I am not a lawyer and have never even played one on TV, but like everybody else, I do have an opinion) Jerry > 1) It would be much too costly for the glass installer or his insurer have > an engineer try to determine if there were a pre-existing crack in the [quoted text clipped - 11 lines] > has a deductible under their General Liability policy and won't want to > process a claim unless there is significantly more expensive damage to be you are not liable > repaired or some argument over their responsibility; > 4) I don't believe the upholsterer is responsible unless there are some [quoted text clipped - 18 lines] > > -------------------- http://NewsReader.Com/ -------------------- > > Usenet Newsgroup Service $9.95/Month 30GB You hired the upholstery shop to do the work. Does not matter whether the damage was caused by them or their subcontractor. Your deal was with the upholstery shop and that is who you are paying for the work. For all intents and purposes, the upholstery shop is responsible for the damage to your vehicle. If they wish to go after the glass guy, that is up to them. >I have had my '57 Packard wagon at the upholstery shop for >the past month having a new interior put in. They have done [quoted text clipped - 7 lines] > >Chip Lee DeLaBarre Daytona62 Subcontractor would have had to sign a contract with the upholsterer that assumed liability for any losses due to his negligence. The upholstery shop has no legal liability in contract or at common law, although they may feel some moral responsibility. Brooksie > You hired the upholstery shop to do the work. Does not matter whether > the damage was caused by them or their subcontractor. Your deal was [quoted text clipped - 17 lines] > Lee DeLaBarre > Daytona62 > I have had my '57 Packard wagon at the upholstery shop for > the past month having a new interior put in. They have done [quoted text clipped - 7 lines] > > Chip Are you saying that there is no contract between you and the upholster who evidently is managing all of the work? Or, no contract between the upholsterer and the glass installer? If the former, it muddies the situation. If "yes," then it is between you and the upholsterer regardless of who does the work. What I want to know is how could someone break a new piece of glass as studebaker windshields are a shoe-in for ease of installation. Now, if it were a rear glass on an early c/k, those are a nightmare. JT ".. as studebaker windshields are a shoe-in for ease of installation." (Snort. Choke. Step away from keyboard) Yep. Many of us have put a shoe in them. I had this happen many a year back with an Italian sport sedan. W/S had to be removed for paint job; it was sublet to the largest auto glass shop in our city. There were clips holding it in which had to be sawed out with banjo wire; they nicked the edge of the glass and gave it a running split. This was described to me as normal wear and tear in this operation. I checked with other glass shops and got the same answer. Needless to say I felt awfully ripped off, and I didn't have as good a lawyer then as I do now (and there was no Alfa equivalent of John Poulos, Expert Witness). The paint job also sucked, but it was a beautiful color. The paint > job also sucked, but it was a beautiful color. ????? metalflake cum? "The paint job also sucked, but it was a beautiful color." OCF: "> ????? metalflake cum?" ______________________ Heh. You're not far off. Alfa "LeMans Blue," a Bugatti blue with just a trace of what I'm sure you'd recognize as c**t purple in it. I suddenly remembered (after reading Dave's ethical musing) what happened when that car was in a performace shop in another city (nameless, but Woody coached there). Vandals climbed a tall fence, broke in and stole the radio and glove-box contents. The company's insurance "sub-rogated" to mine. I got nothing, and my policy got cancelled. The shop was sympathetic and installed my spare radio for free, and fixed the minor damage. Commercial flight was cheap and easy then; I had already left on the short-hop to pick up my car when they tried to call me with the news of the damage. So I ended up with a useless flight, two longass bus trips, and no car insurance, all of which was a fully endorsed practice of the state insurance control board. So much for "Who is responsible." I hope this does not happen in the windshield case, but it goes to show that legal precedent often doesn't match what any of us would think of as fair. > I have had my '57 Packard wagon at the upholstery shop for > the past month having a new interior put in. They have done [quoted text clipped - 5 lines] > responsible for paying for a new windshield, the glass guy, > the upholstery shop, or me? There was no paperwork signed. IMHO, the upholstery shop assumed responsibility to you for your car when you entrusted your car to them. They, in turn, subcontracted part of the job to the glass guy. The glass guy SHOULD replace the glass, but if he doesn't, the upholstery shop should. The glass guy is responsible to the upholstery shop, the upholstery shop is responsible to you. SignatureDave Lester Dave's Place Home of the Internationally Renowned Studebakers, 'Sheba and Goliath See pictures at www.davesplaceinc.com |
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