jordop Posted March 6, 2007 Posted March 6, 2007 (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 June 4, 2021 by jordop Quote
G-spotter Posted March 6, 2007 Posted March 6, 2007 Forget money. Tell the guy you want a pair of the same skis in the same condition and let him find them for you. If he can get a deal online then he pays less. Quote
Dechristo Posted March 6, 2007 Posted March 6, 2007 it's Dude's fault. He replaces same or settles for cash Quote
jordop Posted March 6, 2007 Author Posted March 6, 2007 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 Quote
rob Posted March 6, 2007 Posted March 6, 2007 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. Quote
Weekend_Climberz Posted March 6, 2007 Posted March 6, 2007 I heard a story recently of some "Hot Climbing Chicks" who left there ski rack open and achieved the same results. Maybe your friend should stop smokin' before he drives, if he does at all that is Quote
AlpineK Posted March 6, 2007 Posted March 6, 2007 I'd let him try and get insurance money, but he has to get you a set of skis. If they were brand new then I'd expect the same. Quote
RogerJ Posted March 6, 2007 Posted March 6, 2007 We're his skis on the rack and did they also fly off and look like jack straw? -r Quote
jordop Posted March 6, 2007 Author Posted March 6, 2007 Yeah, his skis are messed too, but since they were really old he's gonna glue the edges back on (!) and continue to drive em into the ground. Quote
archenemy Posted March 6, 2007 Posted March 6, 2007 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? Quote
G-spotter Posted March 6, 2007 Posted March 6, 2007 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. Quote
archenemy Posted March 6, 2007 Posted March 6, 2007 Isn't it about time for a new avatar for you? Quote
Choada_Boy Posted March 6, 2007 Posted March 6, 2007 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. Quote
TrogdortheBurninator Posted March 6, 2007 Posted March 6, 2007 So was it rack failure or negligence? If rack failure, you should just eat the loss. If negligence, I thnk 50/50 is fair. Quote
archenemy Posted March 6, 2007 Posted March 6, 2007 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. Quote
G-spotter Posted March 6, 2007 Posted March 6, 2007 You should always check out your partner's rack. Quote
rob Posted March 6, 2007 Posted March 6, 2007 You should always check out your partner's rack. Remember, visual inspection is no substitue for physical handling. Quote
Weekend_Climberz Posted March 6, 2007 Posted March 6, 2007 You should always check out your partner's rack. Now we're talking :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?? Quote
crazy_t Posted March 6, 2007 Posted March 6, 2007 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. Quote
olyclimber Posted March 6, 2007 Posted March 6, 2007 I would recommend shaving your head and then checking in and out of rehab several times. Quote
jordop Posted March 6, 2007 Author Posted March 6, 2007 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. Quote
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