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Ethics Question


jordop

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Yes, asking one here is perhaps akin to asking Britney Spears for some hairstyling tips . . but here goes:

 

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?

 

For me it would completely depend on the nature of my relationship with the said dude. If it was a close friend or family member, I'd shrug it off and buy some new skis, since the value of the relationship is way higher than a pair of skis. Random dude, I'd see how he felt about paying for half of the cost of the skis. If he declined, given the lack of a realistic means of getting him to pay, I'd write both the dude and the skis off and move on.

 

Having said that, any close friend of mine would probably offer to pitch in some money to cover the damage without me even having to ask. The fact that you are even having to consult with insurance folks or ponder this one in depth indicates that this guy is a loser that you had the misfortune to hook up with for a lift to the slopes, or that you need to elevate your standards for friends.

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I think you're fucked, sorry to say. I think you should try, but consider yourself lucky if you get any money from said dude. Otherwise chalk it up to experience. Thanks for sharing so we can all learn from your unfortunate incident.

 

Mental note to me: "Always check partners rack"

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I had a very random similar discussion with a Rabbi whilst trekking in Nepal. He was into discussing ethical legal issues where friendship/family issues conflict. I gave the example of a friend dropping a piece of gear on a route, which is similar superficially to your stuation. In the end he decided that the entrusting of ones possessions is based on an understanding of an unspoken contract in which you agree to the responsibilities of temporary ownership in the way you would if you overtly lent them a blender or say your milking goat. They are responsible for the item and caring for it whilst it is in their "sphere" and therefore ....dude should pay. In the end he(the Rabbi) agreed that the practicalities of the relationship may dictate you don't pursue your right.

 

Since the claim is not involving a accident in traffic or other high risk activities I doubt it will effect his premium. The insurance companies will no doubt discourage you from a claim, but if pressed I bet they will admit there is no penalty.

 

If it were me, I would pay for the skis if it were my fault and I would expect that my "friend" make a satisfactory arrangement to cover the loss.

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This makes sense. Unfortunately, I don't like some of what comes out of it as a result: namely, no one will help you out with anything for fear of being sued, of being charged for any mistakes, for losing a friend in the process, whatever. It just saddens me.

 

When I've had things like this go wrong (we've all had something like this happen), I just let it go. On the other hand, when I fuck up someone elses things (I actually dumped a friends brand new motorcycle once--I was horrified), I ALWAYS pay no matter what. Money is not worth the shitty feeling of

1. making someone else uncomfortable

2. making myself feel like I am a turd.

 

I am sure there are exceptions and I am not saying this is my behavior in all cases from now to infinity, so please no one bother with the hypotheticals. But so far, this basic set of two rules (the maximum I can remember at any time) has worked well for me. I may be out a little money, but I am very wealthy in my trusted friendships.

 

my high horse>

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Think about the converse of this situation....say after the skis were destroyed from HIS car he insisted YOU pay for HIS skis as well as YOURS. This would be outrageous!(albeit dash enough that it just may work on a stupid person)

 

The source of that outrage would be from the understanding that since it was he that was responsible for the condition of his rack and he put the skis on the rack, it's proposterous that you should have any responsibility for HIS loss...so the mere fact that he agreed to be responsible for HIS gear is the proof of onus for the loss of yours...he cannot divide blame.

 

Again....dude should pay.

 

 

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