QuoteReplyTopic: OT Legal advice Posted: September 16 2005 at 9:50am
I can't believe she's taking those nasty shoes to this level. Whatever...the only that matters is your reputation. I'd try to get that BBB mark removed and like you said, word of mouth is everything. She can't do any real damage.
Kalika
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and if possible, try to print out this thread and send it to them. It has the dates on when you posted it, so it might give a better view of the timeline when everything happened. Its not solid proof of course, but every bit helps.
i would contact the BBB and the "Cia and the MIA....and enroll her in AA
no seriously- contact the BBB like someone said and i would also contact an attorney and send her a letter becuaes now she is trying to ruin your reputation, that is defamation of character for nothing!
Yeah, I know it would be a very frivilous lawsuit on everyones part...Unfortunately we were unable to come to a reasonable agreement. However, I do want the BB complaint to be clarified that I neither lied nor threatened her.
Word of mouth is survival in this business...I know where I stand in that respect!
***My thoughts...She will now have a voodoo hair curse and be destined to have bad hair for many years to come***
Kalika
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She waited an entire month, trashed the shoes and thought "hey that stylist did drop a little bleach on my shoe", and deceide that you would be her shoegar mama . You told her what you could do, plus you have proof that she has had the shoes forever. No lawyer would dare have time to even dabble in something so small. After he sees the shoes he might just sue her. The parents lawyer is the I'm trying to scare you tactic. You approached the situation well, buy informing her that if she would have come back sooner then it would have made more sense. Gina you will be fine.
Kalika
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So, in conclusion...I now have a mark with the BBB against me for 3 years.
I would get my attorney to write a letter to the BBB. Also call your insurance company. It is common for color spills in a salon- even in a school. If I can count how much stains my kids' clothes have accumulated when they were in school during art or lunch- forget it, I have a long list!!!
There is always a rotten apple in the bunch. Sounds like this rotten apple seeks money.
I got a rotten apple who is trying to sue me. She said I can put her ugly picture in my site and gave her a major discount b/c she was a guniea pig.
Then after 1 y-e-a-r, she leaves a nasty message, saying she printed it and will contact her lawyer. {B****, if you are out there, WTF are you suing me after 1 YEAR???}
She acts as if I have hidden cameras or something. Like I really give a crap about her picture??? PA- LEASE. Funny thing is this m*****f****** is SMILING in the after picture! After telling the situation to my atty, we will countersue for the discount I gave her! {HAHAHAHAHA}
Gina, I would have everyone sign a release form before you do their freaken hair! I AM NOT DOING ANYBODY'S HAIR W/O A RELEASE FORM!!!
Good luck
Sorry for the vent, some people make me so pissed off As for the LYING B****, I hope she d. I hate her. I wish I never ever helped her turned out to be so beautiful !
This client completely disappeared until....Until Aug 26. She pops up unannounced to get her shoes. Meanwhile I'm elbow deep in color. She asks for her shoes and I oblige.
Last week...I get a complaint from the BBB. She has the balls to say I lied to her and THREATENED her with a lawyer! (Now, shes got that twisted because she in fact cried lawyer on me!) If there's one thing I hate it's a LIAR!
So, in conclusion...I now have a mark with the BBB against me for 3 years.
Just thought I'd update everyone...Like sands through the hourglass...So are the days of our lives!!
This client was to stop in today so she could collect her shoes and let me know how it went with her "attorney" Whadya know...she didn't stop in!
As for insurance... I'm certain it would sily to make such a small claim against my deductable. If she's addament on getting an attorney to fight for the replacement value of a depreciated pair of Pumas...then she has every right to. Though, in Ohio it is $50(on her) to file in small claims. Which would be silly...but certainly not unheard of!
However...If she'd like to come to me with sound mind...I would have no problem agreeing to a fair/reasonable solution-Whatever that may be.
Thanks all for advice and I'll keep everyone posted as the DRAMA unfolds!
Scotchyroo
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I am an ins agent, not a lawyer. There is something called indemnity. Now, what you MIGHT be responsible for in the worst case scenario, like for instance in a car accident (think of it this way) when you cause damage to someone elses jaguar is to replace it back to the WAY IT WAS. Not with a BRAND NEW 2005 jaguar.
In the worst case scenario, you would be responsible to INDEMNIFY her back to where she was, like for instance reimburse her for what her shoes were worth AT THE TIME, not the $68 they WOULD HAVE BEEN when they were brand new. If her house were burnt down in a fire, the ins company would only pay her for what they were worth at the time, not what they wwould be to REPLACE brand new (unless she was paying an extra premium for that benefit, which some people do.)
Anyway, my husband IS a lawyer and you can get all the free advice you want from him PM me for his email addy though it won't apply in your state lol but you can ask him basic questions you want.
Do individual stylists carry some kind of liability ins?
i love plastikhaar
Scotchyroo
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Hey Gina, god, can you even believe when you're trying to do the best work possible, that you have to think about that kind of b.s.?
I had this great teacher who always said, no matter how bullsh*t the claim, you should try the "free product love trip". Put a little bag of stuff together, tell her you're human too and that you understand a sincere love of shoes, and wish her the very best.
This way, on the one in a million chance you get yourself in front of judge Judy, she'll see that you're the one with the cool head and professional demeanor. (then laugh your ass off about it with your girlfriends on friday night!!!)
I believe you can't even have a lawyer in small
claims court.
That's absolutely true, leia.
The shoes have a depreciable value which is probably even less than
what a cleaning would cost. Still, I would just offer to have them
cleaned, keep all receipts, and then shoo the little numbskull away.
Gina, I'd have to say the fact that she waited a month is her
downfall. Who knows what else could've happened to those shoes
since she saw you? If there was a problem, she should have said
something within a week, but for all we know (and this is just
speculation), she could've done something else to mess them up but
remembered that you knew you had accidentally dropped beach on one and
took advantage of that.
From a legal perspective--not that I'm a lawyer, but I watch a lot of
Law & Order =) --there is reasonable doubt because too much time
has passed to prove you caused the damage and not someone/something
else. However, I do recommend taking a peek at your county's
small claims court website or other resources...just in case.
However, I don't think the shoes cost enough to be worth hiring a
lawyer, and I believe you can't even have a lawyer in small claims
court.
shennaenna
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If it was me I would offer to find the exact same shoe,color,style etc to give to her as a replacement...but the "new" pair MUST be in the same shape as the original ones, that means worn for at least 6 months,24-7 ,looks like she walked through mud constantly,did she sue the owner of the property that made them muddy? how dirty can your feet be to make the interior of a shoe that dirty?yuck! They also look like they were dropped in the middle of WWII for a month of the heaviest battles Earth has ever seen....but I would make sure there was no tiny little stain of hair dye on the shoes for her.
What a total loseeer! Dont worry, the police,lawyer judge and the rest of the world would laugh at her if she tried to sue you for new shoes.
Good luck! ;-)
Kalika
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I think if there was a problem she would have come back the first week, waiting a month is too long.
and if she DID sue she would only get what the sneaker was worth, not what she paid for it. you might be out $15 total, but I doubt it would get that far
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. You told her what you could do, plus you have proof that she has had the shoes forever. No lawyer would dare have time to even dabble in something so small. After he sees the shoes he might just sue her. The parents lawyer is the I'm trying to scare you tactic. You approached the situation well, buy informing her that if she would have come back sooner then it would have made more sense. Gina you will be fine.
Gina E wrote:
As for the LYING B****, I hope she d
. I hate her
!
