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Old 01-03-2014, 12:35 PM   #496
PQ
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Quote:
Originally Posted by Bigtime53 View Post
PQ, I have to disagree with you on your thought of the employer not being held liable for this if I read your post correctly. I think the dealer should be held responsible for his employee's actions. I am a small business owner also.I own a hotel and I will promise you that if one of my cleaning girls would come back after hours with a pass key and go into one of my customers rooms and steal something or destroy something that belong's to one of my guest I would be held responsible for her actions. The first thing my insurance company would ask me is how did she have a key to get into the room? It is my responsibilty to collect all of the pass keys and secure them each day after the work day is complete. If I do not do this it is my ass on the line. Now I am sure I could press charges on my housekeeper but it still falls back on me not collecting all of the keys. With that said I believe the dealer did not secure the owner's car keys and should be held liable and therefore make every effort to satisfy the owner of the car that was totaled.
Quote:
Originally Posted by Padre View Post
PQ, in the interest of a debate free New Year's Eve, I think we can both agree the owner needs to rethink his risk management strategy. He may have THOUGHT he had reasonably secured the customer's car, but he has discovered otherwise.

He had two choices from the beginning: make it right and lose some money out of his pocket, or try to win on legalities and potentially lose much more (reputation).

We'll see how it plays out.

Happy New Year! Padre
Essentially we agree in theory and principle. Just not implementation and legal liability.

We all agree that the business (dealership in this case) should IMMEDIATELY make the client whole. Sounds like all three of us would do just that. I just don't think we so quickly make it a forced issue. Let the business make that decision and live with the consequences. Insurance should be kept by all of us in some way.

Too many of our decisions are being taken from us because 'The People' know best how we should lead our lives. Businesses and citizens.
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