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Posted (edited)

Go skiing with dude in dude's car. Give skis to dude, he puts em on his car rack. 30 mins later skis fly off roof and bounce down the hwy doing 70mph. Skis are essentially brand new. Ski techie says don't bother repairing them: they are f8ked.

 

Should:

Dude pay replacement cost?

Dude pay me for what I paid for them?

Dude give me what I would have got if I had sold them with 6 days's use on em?

Dude offer repair bills and nothing else?

Dude offer nothing?

 

Edited by jordop
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Posted
Sorry dude, but it's not his fault. Yours.

While the law in the US may suggest that the onus is upon me to make sure his car is sound, all the insurance folk I have talked to here say that it is his responsibility to ensure proper maintenance on the car and its accessories.

 

He is unwilling to make an insurance claim. May be a large deductible and/or increased premiums

Posted

depends on the situation. Did they fall due to negligence, or did the rack just break at a bad time? If the latter, then I say you eat the cost. But if he screwed up (forgot to latch the rack closed or something) then I'd say he should offer to replace them.

 

But if he's a good friend, I'd refuse the offer.

Posted

Are you friends with him? Is he reading this thread? Does he have a history of violence? Is it an ethical challenge to steal someone else's skis?

 

 

Can you find skis in comparable condition on ebay or Second Ascent and ask him to split the cost with you 50/50?

Posted

Figure how much responsibility YOU bear for blindly letting someone else take charge of your precioussss skis, then convert that to a dollar value and subtract that from the value of the skis, to come up with revised total value dude must pay you.

Posted

I would:

1) Insist he refund you.

2) When he doesn't, sue.

3) When you lose, buy new skis.

4) Wait.

5) Wait some more.

6) Wait some more.

7) When the entire incident is ancient history, find his car and burn it to the ground.

Posted

How would he know it was negligence? If he knew that something was amiss, it's his fault. If he failed to check that his buddy had a good sturdy rack which locked down properly, he can't say "Well you owe me, Stud" w/o accepting the responsibility.

Posted
You should always check out your partner's rack.

 

Now we're talking :tup: :tup:

 

A good groping of the rack and a bit of hard fondling to make sure it's firmly attached to the frame is definately a must, new friend or old friend, regardless.

 

We are talking about ski racks right??

Posted

ultimately, if you didn't check that skis were secure, etc. you are part to blame. split the cost on finding a pair that are roughly equivalent to replace. If you are not in a rush, probably ok to propose waiting a month until major ski deals are happening and save you both $. You be in charge of finding the replacements so it is something that you are ok with, then he confirms with you that it's a fair deal.

 

Sounds like a bummer. So he hasn't taken the initiative to sort this out? The ball is kind of in his court, but if you want this settled, sounds like you may need to propose terms that are fair to both of you, and remind him that you are letting him slide on the insurance angle.

 

Lucky that the skis didn't fly into someone else's car. Then there would be a whole new can of worms. BTW, what would your responsibility be had that been the case? Might be a good precedent for applying to sorting out the ski losses.

Posted

Lucky that the skis didn't fly into someone else's car. Then there would be a whole new can of worms. BTW, what would your responsibility be had that been the case? Might be a good precedent for applying to sorting out the ski losses.

 

Exactly. In this case it would be hard to link my lack of inspection of the rack to a third party injury in which my skis impaled someone else. Every professional I talk to about this says no way no how, it's HIS deal.

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