Legal question, am I responsible?

This is a discussion on Legal question, am I responsible? within the General Firearm Discussion forums, part of the Related Topics category; I was a gunstore today and I lost grip of box which contained a heavy rifle inside that I just obtained. The box with the ...

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Thread: Legal question, am I responsible?

  1. #1
    Member Array dlclarkii's Avatar
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    Legal question, am I responsible?

    I was a gunstore today and I lost grip of box which contained a heavy rifle inside that I just obtained. The box with the rifle fell on the showcase counter shattering the glass on-top to pieces covering 3 dozen new hanguns in shattered glass. It was an acident and the employees saw it happen. The owner of the store was a real jerk and was very uncooperative in the situation. He wouldn't talk to me or work out the situation. I've offered to help cleanup but to no prevail. The only advise he gave was to leave a blank check, what a smart ass comment, wth?
    I appolgozied to him and asked if insurance would cover the damage but he wouldn't talk to me. I left but he has my name and address from the background check to obtain this rifle that just broke his counter top. Am I as a customer responsible or is this what his insurance is for and meant to cover? Any advise? What sucks is I have a gun at that store under consignment which has been sold and is on layaway and the buyer is paying for it next week. So trying to get my money for that gun under consignment may be hairy. Even though if he tries to withhold that money is a breach of contract which will require me hiring a laywer.
    Last edited by Captain Crunch; February 5th, 2009 at 01:15 AM. Reason: Edited 2 language workarounds.

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  3. #2
    Member Array Huzar's Avatar
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    Did they advise you that the rifle you're picking up is heavy and you have to get a firm grip on it?

    The way I look at it, he might be a jerk but he better just suck it up. Accidents HAPPEN. Making a customer responsible for an accident is a sure way to drive business away...

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    VIP Member Array dukalmighty's Avatar
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    I would think that since it was an accident that is why he has insurance,If he tries to withhold money from a gun sale I would file a small claims lawsuit and let the court hash it out
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
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  5. #4
    Member Array dlclarkii's Avatar
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    Quote Originally Posted by Huzar View Post
    Did they advise you that the rifle you're picking up is heavy and you have to get a firm grip on it?

    The way I look at it, he might be a jerk but he better just suck it up. Accidents HAPPEN. Making a customer responsible for an accident is a sure way to drive business away...

    I bought a gun out of state and had it shipped this gun dealer to aquire the gun. It is a Thompson 1927. I had handled it in the shop and after paying for the background check, I went over and grabbed the box behind the counter to walk out and I lost grip of the box as I had it lifted over the counter. The owner wouldn't talk to me and I tried working it out and the only thing he said to me was to leave a blank check. No way! I left and I'm sure he'll be contacting me expecting payment for the damged glass. I just don't' know if I'm legally responsible for the damage since it was an accident.
    Last edited by Captain Crunch; February 5th, 2009 at 01:16 AM. Reason: Deleted a language workaround.

  6. #5
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    Most businesses have a deductible amount on their insurance that will be in excess of the cost of the damage, thus no insurance reimbursement.

    He was a jerk, but you might call him back and see what can be worked out when he's not exercised.

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    You have no way to know how far he walked or how much crap he went through today(and vise versus).
    Get some cash in hand go down there after cooler heads prevail and settle up man.

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    VIP Member Array boricua's Avatar
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    Quote Originally Posted by dukalmighty View Post
    I would think that since it was an accident that is why he has insurance,If he tries to withhold money from a gun sale I would file a small claims lawsuit and let the court hash it out
    Yup.
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    So, if I come to your house, and "accidentally" bump into your car in the drive-way, sense it was an accident, is it ok if you turn it into your insurance co.???

    He did not sell you the gun, you knew how much it weighed, you dropped it, what's not to dislike about this situation.????


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    Quote Originally Posted by Leopard125 View Post
    You have no way to know how far he walked or how much crap he went through today(and vise versus).
    Get some cash in hand go down there after cooler heads prevail and settle up man.
    +1
    Well said.
    ((Place funny, whitty comment here))

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    Member Array alfack's Avatar
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    You are definitely at fault and as a decent human being, you should offer to replace the glass, at least. His insurance should not have to cover it.

    He was out of line asking you to leave a blank check, though. Ask him to get an estimate on the replacement glass and have him send you the bill.

    Think if someone rearended your car. Was it your fault for sitting in the wrong spot at the wrong time? Should your insurance cover it? How much would the deductable be etc..

    Own up. Don't be one of the spoiled self-righteous jerks that seem to be taking over the country lately.

  12. #11
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    To me that's the cost of doing business. It was an accident. But how this guy proceeds is anyone's guess. You might as an attorney just to CYA.
    ALWAYS carry! - NEVER tell!

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    VIP Member Array Janq's Avatar
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    If you were my customer and this occurred at my counter, I would be gracious and tell you not to sweat it as things occur and to go home to ejoy your rifle and not think twice about this.

    I would go in the back out of sight and curse the situation for having happened and maybe grumble about you in specific, as I called the glass shop to come by and replace the pane. That would be the end of it.

    If you insisted on covering the damages I would at first refuse you but if you kept on insisting then I'd ask that you send a friend or two my way to support my business. I'd smile and send you on your way. I most definitely would not have you helping me clean up glass, just so you can get cut and wind up being a civil liability.

    Now if this had been me and I were the one who dropped the rifle what I would do is offer to pay and be genuinely apologetic.
    I would expect to be refused. I would take that and leave as directed.
    I'd then get home and draft the store and employees a sincere but short letter of apology. And I would thank them for being so cool about things and promise to tell all my friends about what happened and to shop them first before anywhere else.

    Then I'd drop it and let that be that.

    Stuff happens, but next time when handling firearms hold it like you mean to be holding it and not all gingerly. Grasp it with a full hand. It won't break and finger prints they wipe off even as some folks are stupid anal about that.
    When handling a firearm it should never drop from your hands for no reason if you have it grasped properly.

    Live and learn... :shrug:

    - Janq

    P.S. - The shop owner was not being a professional in treating you as such.
    Short sighted in view which now may cost him your repeat business as well as untold others that you might inform. Penny wise, pound foolish.
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  14. #13
    Member Array Huzar's Avatar
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    Quote Originally Posted by SleepingZ View Post
    He did not sell you the gun, you knew how much it weighed, you dropped it, what's not to dislike about this situation.????
    No, but he did handle the transfer. Also he's a place where folks come in and look at heavy things over the glass counters with a possibility of things dropping down.

  15. #14
    VIP Member Array cvhoss's Avatar
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    No doubt about it, the guy was being a jerk in the way he reacted. Accidents happen and this was an accident. It was, though, an accident that was your fault and you should be responsible for replacing the glass. Suppose you just went to Best Buy and bought a $3000.00 new television and as you were leaving the parking lot your foot hit the accelerator by accident and you drive through the front doors. Should Best Buy just "suck it up" because you just bought a television from them?

    Every day we preach personal responsibility and I'm a bit disappointed in the number of responses chastising the shop owner for not just accepting this as a normal cost of doing business. Chastise the shop owner for acting like a jerk because he deserves that, but he doesn't deserve to not be paid for his damaged property.

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  16. #15
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    Quote Originally Posted by alfack View Post
    You are definitely at fault and as a decent human being, you should offer to replace the glass, at least. His insurance should not have to cover it.

    He was out of line asking you to leave a blank check, though. Ask him to get an estimate on the replacement glass and have him send you the bill.

    Think if someone rearended your car. Was it your fault for sitting in the wrong spot at the wrong time? Should your insurance cover it? How much would the deductable be etc..

    Own up. Don't be one of the spoiled self-righteous jerks that seem to be taking over the country lately.
    Quote Originally Posted by Janq View Post
    If you were my customer and this occurred at my counter, I would be gracious and tell you not to sweat it as things occur and to go home to ejoy your rifle and not think twice about this.

    I would go in the back out of sight and curse the situation for having happened and maybe grumble about you in specific, as I called the glass shop to come by and replace the pane. That would be the end of it.

    If you insisted on covering the damages I would at first refuse you but if you kept on insisting then I'd ask that you send a friend or two my way to support my business. I'd smile and send you on your way. I most definitely would not have you helping me clean up glass, just so you can get cut and wind up being a civil liability.

    Now if this had been me and I were the one who dropped the rifle what I would do is offer to pay and be genuinely apologetic.
    I would expect to be refused. I would take that and leave as directed.
    I'd then get home and draft the store and employees a sincere but short letter of apology. And I would thank them for being so cool about things and promise to tell all my friends about what happened and to shop them first before anywhere else.

    Then I'd drop it and let that be that.

    Stuff happens, but next time when handling firearms hold it like you mean to be holding it and not all gingerly. Grasp it with a full hand. It won't break and finger prints they wipe off even as some folks are stupid anal about that.
    When handling a firearm it should never drop from your hands for no reason if you have it grasped properly.

    Live and learn... :shrug:

    - Janq

    P.S. - The shop owner was not being a professional in treating you as such.
    Short sighted in view which now may cost him your repeat business as well as untold others that you might inform. Penny wise, pound foolish.
    Combine these two posts, and there you have it.
    "Just blame Sixto"

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