PeachParts Mercedes-Benz Forum - View Single Post

mushedroom · #43 08-27-2002, 05:09 PM

or worse,
the guy comes back with a law suit for the tool shop because he sawed his arm off...
who's at fault...
is the salesperson negligent for not expressly mapping out a How To?
or does negligence fall on the haunches of the customer who assumes his own responsibilities for his own actions or mistakes once he has left the premises of the store?

this goes back to the lawsuit where a customer won or at least won in a settlement from McDonalds whereas she scalded herself while driving with coffee after leaving the drive thru, and she won simply cause the lid did not give any hot coffee cautionary warnings or the like.....

however a chainsaw would more likely have all the warning stickers on it...if not the chainsaw manufacturer would mostlikely be liable for negligence in one factor....

now going to the car...

when i used to sell cars, our dealerships had a blanket coverage policy for theft, damage, abuse, etc.

whether the customer was at fault or not, the dealership automatically assumes liablity and responsibility under this blanket policy. now on the other hand if the customer was going well out of the reasonable limits of a standard test drive, with the noted objections of the salesperson, then said customer can be held liable and be sought after by a court of law for damages and responsibility, in which case said customer's current insurance policy should cover damages...

but for the most part i think the salesperson was just making sure to release the customer of being at fault only to verify that he/she did not outlandishly go out of his/her way to destroy or "joyride" the vehicle, in which case the dealership insurance covers all damages and will cover the damages of the explorer drive....

all that said, there is the headache factor that the explorer driver will have to endure and the salesperson could lose his/her job....

enjoy!!!!