Saturday, July 31, 2010

Legal Advice please: My son threw up on the piano at his lesson...who is responsible to pay for the damage?

My son threw up on the piano. His lessons are at a piano studio in an office complex. The owner asked if I intended to pay for a professional cleaner and ';implied'; this could permanently ruin her piano. Again, this is a business, not someone's home, so shouldnt she have insurance for this kind of thing? One more thing, she did mention this was her personal piano. Any legal advice?Legal Advice please: My son threw up on the piano at his lesson...who is responsible to pay for the damage?
I would think that insurance would cover it. Ask her about it.Legal Advice please: My son threw up on the piano at his lesson...who is responsible to pay for the damage?
There is no legal reason to presume that because a piano is at an office complex rather than at the owner's home, that it should be insured.





Why would the issue be different if your son had gone to the owner's home to take piano lessons?





I have no idea if you can be compelled to pay for clean up. As the other responder said, it will be an issue of negligence if this goes to court.





My advice is that if you think this person is a good piano teacher, and you want your son to continue to receive lessons from her, you should offer to pay for at least part of the clean up cost. If you think she is a lousy piano teacher, or you have other reasons to be a pain in the ***, maybe you shouldn't pay her. However, this argument about not paying her because she should have insurance seems like a big red herring.
She should have insurance which should cover it.





If she does not, the legal issue would be, who is negligent? If you knew the child was ill and let him go, you might be found negligent. If he ate something at the teacher's, or he became ill there and the teacher insisted he finish the lesson, she would be negligent. It is possible, if you have homeowners' or renters' insurance, that it would cover it. Of course, your insurance would be canceled or the premium would increase.
This is a gray area, since she should have insurance, but since it is her personal piano (Which is unprofessional to keep at work, by the way, shame on her!) you may have to pay for the damage. Ask about their insurance policy first, though. I'm very sorry. I hope that your son recovered from his illness, if he was ill.
tell her no.she should have insurance and a license to teach.this is part of the job and assumed risk.{ meaning she brought this their of her own accord,this is assumed risk}

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