First off, we are located on a college campus:
This morning a patient was sitting in the optical waiting for an appointment and someone tripped over the patients backpack.
4 hours later the patient called to let me know that the screen was cracked. What responsibility do I have to replace the broken screen? Would you replace the screen?
Thanks
the heck with that, the smarty pants student shoulda moved his said backpack...keep it out of patients walkway... let me guess, he's studying to be a lawyer...lol
Seriously? Laptops et al don't belong on the floor. I'd have your student take it up with the tripper. I imagine s/he'll get counter sued for negligence and creating a dangerous environment with the careless placement of said laptop and their medical bills for the now magically broken foot...
Gotta love the good ol U. S of Sue happy A!
Was the "tripper" an employee or just another patient? Either way I say NOT your responsibility.
~ Erin
ABOC
The person who fell was not a paid employee, its the owners 74 year old mother who comes in to help and clean frames on occasion. But it just came to light that the young man never offered to help her up and no one said anything to me about it so I had no knowledge of the incident until the patient called and then I had to question the owners mother about it. the boyfriend and girlfriend were both sitting there and neither offered to help her up. We have offered to have the screen fixed or pay half the cost of the laptops worth.Originally Posted by eryn
But now I want to punch the kid in the mouth for not helping a 74 year old woman up after she fell over his backpack!
from past experiences at this in the hospitality industry, we are not and cannot be held responsible for something that we had no involvement in, especially if it did not involve our products. sounds like a collage kid with no sense of personal responsibility.
Keep in mind you have to choose your battles.
From a legal standpoint, that probably makes the business liable, unless the item was out in the middle of the floor (and not just at the foot of the patient).
Not relevant from a legal standpoint regarding any liability for damage done to laptop.
The 74 year old woman was not a patient, but is the mother of the owner and was acting as an agent for the business (cleaning frames). "If" any negligence occurred on the part of the woman, the business is liable.
once he left the store... all bets are OFF... who knows what happened after he left. that trumps everything IMO.
If you are concerned about liability, call your attorney. I only know of 2 OB members who are attorneys and neither of them have jumped into this conversation, probably for good reason.
On many laptops these days, the screen can be replaced for less than $200. That would be considerably less than the cost of an attorney. I might offer to pay part of the cost of a new screen if I were the dispensary owner. It might also be covered by insurance.
Nothing closer to admitting responsibility than offering to pay for replacing something you didn't break, and nothing raises insurance rates than claims. I'll stand by my advice to call your attorney, if for no other reason than to know your rights and responsibilities for future events.
The owner's mother did not break it? How did you come to that conclusion? The cost of a new screen is probably well below the insurance deductible, so filling a claim is not such a good idea.
I didn't suggest an insurance claim....you did.
I understand that, and was making clear that even though it might be covered by insurance in theory, upon reflection I realized that it would likely be below the deductible, so it was not such a good idea. I don't mind admitting my mistakes when I make them, but how about you?
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