Jacket damaged at Gym - what is reasonable?

[giggirl]

SeanMacGabhann Wrote:

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> Am I the only one who has done this (be it at a

> friends house or a premises) and thought it's my

> own damn fault and vowed to be more careful in

> future?

If my house was recently painted I would be sure to point this out and tell visitors to be careful when I opened the door to them. That's just polite. If they then went on to smudge my paintwork then I would be pretty hacked off with them and they could go and swing for their dry cleaning costs. The point here is that there were no signs to point out that there was wet paint - that's just plain wrong.

[giggirl]

Roll Deep Wrote:

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> Or, in other words...

>

>

.... or in other words get paid a visit by the very handsom Clint Eastwood. Well let me have a little think about it and weigh things up.

Yes please - bring him on.

[Roll Deep]

What, you wouldn't want him to whip out his gun?

[giggirl]

Yes why not - I feel very lucky.

[SteveT]

Cocked and loaded?

[Roll Deep]

You know no bounds, do you Steve.

[ruffers]

SeanMacGabhann Wrote:

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> Am I the only one who has done this (be it at a

> friends house or a premises) and thought it's my

> own damn fault and vowed to be more careful in

> future?

No.

[titch juicy]

if she says, "but i did have a 'wet paint' sign up, she's just trying to make a quick buck", have you proof otherwise?

[reggie]

I think the way to work out what is reasonable in this case is to ask this question:

Would I treat this person in the same way if they were my friend.

In other words to appeal to the better side of yourself and then you would find your answer.

[Mick Mac]

giggirl Wrote:

-------------------------------------------------------

>

> If my house was recently painted I would be sure

> to point this out and tell visitors to be careful

> when I opened the door to them. That's just

> polite. If they then went on to smudge my

> paintwork then I would be pretty hacked off with

> them and they could go and swing for their dry

> cleaning costs. The point here is that there were

> no signs to point out that there was wet paint -

> that's just plain wrong.

Have you had a personality change recently? I preferred the old GG. If you paid good money for this new personality you should ask for your money back and if no success at first, try going to the small claims court.

[Queen of Dulwich]

Sean,

Giggirl is right - there were no signs on eye level. She wrote "Wet paint" in pencil on two pieces of paper and put them on the floor, abt 2m distance from where the wet paint was. I could not read it from where I was, in fact, when she pointed it out I had to pick up the paper to read it.

I don't think she disputes the charge per se, she is being very buerocratic about it.

And why is it that people have all the gadgets surrounding them - computer and printer - and yet choose to write a note by hand? What about printing WET PAINT in bold, big letters? That would have been visible.

Better still she should have done the painting on a weekend (Gym is not open on Sat/Sun)...

[daizie]

Oh tell us what Gym it is .

[SeanMacGabhann]

Oh I'm not disputing any of the facts as laid out QoD. And when giggirl says something I'm usually found nodding in agreement

I was just... wondering if everything in life has to be pursued as someone elses fault and if, sometimes, our peace of mind (if not our wallet) isn't better served by acceptance rather than fighting for every "right"

There was just something of the injury-claim advert about it - "Have YOU slipped on a wet floor in a public building? Was there adequate signage? Then YOU could be able to claim" etc etc

I don't know anyone who sees those ads and thinks anything except "oh for the love of?." - and of course your case isn't as dramatic but it all seems to contribute to the same culture of blame and compensation and business introducing petty rules because they can't afford the risk of?whatever.

Common sense might dictate that they painted the gym, at the weekend (maybe they did and it's slow drying paint?) but common sense might also suggest that a regularly visited gym with suspiciously fresh looking walls and a whiff of paint everywhere might mean keeping a lookout for the obvious, signs or no signs?

I know that sounds like I'm having a go at you (and I really don't mean to) but I'm just trying to look at the situation objectively as a counterbalance

[woofmarkthedog]

daizie Wrote:

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> Oh tell us what Gym it is .

______________________________________________________

Dazers

Between you & me ( do we think the gym place really exists ? )

It could be an attention seeking device to see "how many" posts can be accumulated, you watch at the century mark

"Ping 100"

You've heard of "M?nchausen by proxy syndrome" well this may be the textile garment sub genre

I bought some boxer shorts once from Gap, could I get the skidmarks out after a big curry night ?

No, maybe I should have claimed for them

Hey ho, live & learn

W**F

[giggirl]

Sean, are you thinking about the woman in the US who successfully sued MacDonalds because her coffee was hot? If so, then yes that sort of thing does annoy. ***

What I was thinking of was really poor customer service which, for the most part, I think we in the UK let slide. We let it slide because we don't have the know-how or the time or energy to complain effectively. Complaining effectively by the way is an art, I think. Unfortunately most people will vent spleen at someone in a call centre, nothing gets done and nobody is happy (including the poor sod in the call centre).

You can't fight every battle in life but you can fight a few - so choose your battles carefully. We all have a lot of crap to deal with on a daily basis and, like most people I'm guessing, I just let it all wash over me. Keep Calm and Carry On. But then every once in a while something comes along that really upsets me and I dig in. It's human nature.

Regarding the gym. Sorry but I don't think it's rocket science to put up visible notices to say there is wet paint. Personally I've never belonged to a gym that didn't have a front desk you needed to check in at so everyone should have been made aware when they came in. I'm thinking there would have been a paint smell but not necessarily, especially if there was a pool. We weren't there so it's hard to judge - but the OP was there and the gym owner was also there and has effectively admitted responsibility - but is being a pedant. If she had been gracious then things would have been so different.

*** Not really appropriate but makes me think of Michael Douglas in Falling Down - he was certainly effective

[SeanMacGabhann]

well, inasmuch as Michael Douglas' character destroyed his life then yes, it "worked"

And to be fair I do agree with a lot of what you and the OP are saying - I just wanted to present a counter-argument.

[giggirl]

SeanMacGabhann Wrote:

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> well, inasmuch as Michael Douglas' character

> destroyed his life then yes, it "worked"

>

Yes - totally unappropriate to quote it - it just came into my head. Great film though.

[reggie]

reasonable is not the same thing as storing up all your anger and frustration and then having a go at someone

[Roll Deep]

So the inspiration behind thesuburbanpirate isn't reasonable.

[reggie]

we rarely sue

[RosieH]

I agree with Sean on many many things, but in this instance sir, you're just plain wrong. Present a counter-argument, no no no, get angry man.

Pedantic surly clothes-ruining harridan - QoD, you should sue her ass. Take giggirl's advice, she knows the score.

[LegalEagle-ish]

giggirl Wrote:

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> I think you've been very nice and I think her

> attitude sucks. Speaking personally, I'm quite

> litigious and it pays off 100%. I expect people

> to behave decently and, if they don't, I take no

> prisoners. Give her one last chance and then take

> her to the small claims court. This couldn't be

> more straightforward - you don't even need to

> leave the comfort of your laptop. You just fill

> out the form online, pay the fee (which she will

> need to repay when she looses), and hit send.

>

> Effectively she has already admitted

> responsibility - she's just being awkward about

> receipts. You should claim for the full ?150.

> Also, remind her that when you go to court you

> will be claiming for your travel expenses and you

> will require compensating for using a day's

> holiday (if you are using a day's holiday).

>

> Trust me - this is effective.

>

> Over the last 15 years I have threatened the Small

> Claims Court 5 times.

>

> 3 times the defendant admitted the claim and paid

> up as soon as they received the SCC papers

> 2 times the defendant attempted to fight the claim

> - both lost, it cost them much more ??? than it

> would have had if they paid up in the first place,

> and finally, let me tell you - they both rued the

> day

>

> I would also look to change your gym as quickly as

> possible and remind her that, not only are you

> taking her to court, she's losing your business.

>

> People should just behave decently - that's my

> personal manifesto. If she can't step up then hit

> her where it hurts.

Love this post! You go girl.

[reggie]

giggirl Wrote:

-------------------------------------------------------

> SeanMacGabhann Wrote:

> --------------------------------------------------

> -----

> > Am I the only one who has done this (be it at a

> > friends house or a premises) and thought it's

> my

> > own damn fault and vowed to be more careful in

> > future?

>

> If my house was recently painted I would be sure

> to point this out and tell visitors to be careful

> when I opened the door to them. That's just

> polite. If they then went on to smudge my

> paintwork then I would be pretty hacked off with

> them and they could go and swing for their dry

> cleaning costs. The point here is that there were

> no signs to point out that there was wet paint -

> that's just plain wrong.

If your wet paintwork sign were too small would you be surprised if your visitor decided to sue in this case?

[giggirl]

reggie Wrote:

-------------------------------------------------------

> giggirl Wrote:

> --------------------------------------------------

> -----

> > SeanMacGabhann Wrote:

> >

> --------------------------------------------------

>

> > -----

> > > Am I the only one who has done this (be it at

> a

> > > friends house or a premises) and thought it's

> > my

> > > own damn fault and vowed to be more careful

> in

> > > future?

> >

> > If my house was recently painted I would be

> sure

> > to point this out and tell visitors to be

> careful

> > when I opened the door to them. That's just

> > polite. If they then went on to smudge my

> > paintwork then I would be pretty hacked off

> with

> > them and they could go and swing for their dry

> > cleaning costs. The point here is that there

> were

> > no signs to point out that there was wet paint

> -

> > that's just plain wrong.

>

> If your wet paintwork sign were too small would

> you be surprised if your visitor decided to sue in

> this case?

Did you read what I wrote? What sign are you referring to? I said that when I opened the door I would tell visitors that the paintwork was wet. I wouldn't feel the need to put a sign up in my own home.

If my house was recently painted I would be sure

> to point this out and tell visitors to be careful

> when I opened the door to them

Common sense / good manners.

[reggie]

Giggirl

Be careful who you invite into your house.

You might find someone taking exception to your attitude

"I would be pretty hacked off

> with

> > them and they could go and swing for their dry

> > cleaning costs"

and sueing you in the name of common sense and good manners, sign or no sign.

I say this because the culture of taking offence and sueing is growing and is a menace.