Stupid Flyer got sucked into my door
06-10-06, 01:32 PM
#16
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Ooo I hate those things... when I see them I liter them away in the parking lot. throw it right on the floor. Since they litered on my car I'll liter in their parking lot. If the owner doesnt like to clean them up then he should get some security to prevent these ads from being put on peoples cars.
06-10-06, 01:38 PM
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Originally Posted by kensteele
no, nothing in your previous paragraph is even remotely close to being a fact.
06-10-06, 01:43 PM
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Originally Posted by EBMCS03
Ooo I hate those things... when I see them I liter them away in the parking lot. throw it right on the floor. Since they litered on my car I'll liter in their parking lot. If the owner doesnt like to clean them up then he should get some security to prevent these ads from being put on peoples cars.
Let's say that flyer flew off that car, into the street, with a few other dozen of those same flyers? I'd imagine that company could get a littering fine, and if so, why wouldn't they also be responsible for any other damage they caused by their own action? kensteele I'd like to know your opinion on that, and have you any experience in law? Not singling you out, but you seem to have some very strong opinions against this.
06-10-06, 02:26 PM
#19
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i can't believe you guys are trying to convince the op to go to court over this lol.
so when i mentioned facts, maybe we should establish one important fact first. nighhawk, when you came out to your car, you saw the flyer in your windshield right? after all, the flyer was in plain view and when you leave your car alone in the public, you are responsible for it within reason after you return to it. correct me if i am wrong.
i just think it would be a waste of time and money to go to court over this. conciliation court is more than just the filing fee....but you will have to go thru with this to find that out. let us know what you do.
so when i mentioned facts, maybe we should establish one important fact first. nighhawk, when you came out to your car, you saw the flyer in your windshield right? after all, the flyer was in plain view and when you leave your car alone in the public, you are responsible for it within reason after you return to it. correct me if i am wrong.
i just think it would be a waste of time and money to go to court over this. conciliation court is more than just the filing fee....but you will have to go thru with this to find that out. let us know what you do.
06-10-06, 03:43 PM
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I think you can try and blame the company all you want but it still comes down to the fact that you got in your car, saw the flyer and decided to just roll the window down to make it fly off instead of walking around and taking it off. We as people we screw up and then look for the first person other than ourselves to blame it on. Face the facts you saw the paper you decided to leave it there and roll the windows down instead of removing it. JMO
Good luck with your law suit hope you win.
Good luck with your law suit hope you win.
Last edited by Style2k6; 06-10-06 at 04:47 PM.
06-10-06, 04:50 PM
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I think Style an Ken are missing the big picture.......
An individual placed this item on his car, without his permission, and it subsequently caused damage. So what if he saw or didn't see it. That's a week arguement. If said company had not placed this item on his car, the incident would not have occured. If it was an act of god, than it's an entirely different issue. But this was an itentional act, and although was not done with malice, still resulted in compensable damage.
If I was driving down the street and a construction company had torn up the cement and left a hole, then I hit it and bend a rim, do you think that's my fault as well for not seeing it? No, you would file a claim with the city and or the company doing the work. If it is substaniated, you will be taken care of. It's simple negligence on the behalf of the city...
Schit happens all the time. Doing something about it is the only right thing to do.....that is unless your a pacifist and not willing to stand up and say, "F me...no, F you!"
An individual placed this item on his car, without his permission, and it subsequently caused damage. So what if he saw or didn't see it. That's a week arguement. If said company had not placed this item on his car, the incident would not have occured. If it was an act of god, than it's an entirely different issue. But this was an itentional act, and although was not done with malice, still resulted in compensable damage.
If I was driving down the street and a construction company had torn up the cement and left a hole, then I hit it and bend a rim, do you think that's my fault as well for not seeing it? No, you would file a claim with the city and or the company doing the work. If it is substaniated, you will be taken care of. It's simple negligence on the behalf of the city...
Schit happens all the time. Doing something about it is the only right thing to do.....that is unless your a pacifist and not willing to stand up and say, "F me...no, F you!"
06-10-06, 04:57 PM
#22
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This all goes back to people not taking responsibility for their stupidity, and trying to place the blame on others. He knew the flyer was there BEFORE putting down the window, what he did after that was upon himself. There is no negligence on the part of the flyer owner. I think it's more laughable than anything. By all means, go to court, and admit stupidity.
06-10-06, 05:28 PM
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Originally Posted by unit74
I think Style an Ken are missing the big picture.......
An individual placed this item on his car, without his permission, and it subsequently caused damage. So what if he saw or didn't see it. That's a week arguement. If said company had not placed this item on his car, the incident would not have occured. If it was an act of god, than it's an entirely different issue. But this was an itentional act, and although was not done with malice, still resulted in compensable damage.
If I was driving down the street and a construction company had torn up the cement and left a hole, then I hit it and bend a rim, do you think that's my fault as well for not seeing it? No, you would file a claim with the city and or the company doing the work. If it is substaniated, you will be taken care of. It's simple negligence on the behalf of the city...
Schit happens all the time. Doing something about it is the only right thing to do.....that is unless your a pacifist and not willing to stand up and say, "F me...no, F you!"
An individual placed this item on his car, without his permission, and it subsequently caused damage. So what if he saw or didn't see it. That's a week arguement. If said company had not placed this item on his car, the incident would not have occured. If it was an act of god, than it's an entirely different issue. But this was an itentional act, and although was not done with malice, still resulted in compensable damage.
If I was driving down the street and a construction company had torn up the cement and left a hole, then I hit it and bend a rim, do you think that's my fault as well for not seeing it? No, you would file a claim with the city and or the company doing the work. If it is substaniated, you will be taken care of. It's simple negligence on the behalf of the city...
Schit happens all the time. Doing something about it is the only right thing to do.....that is unless your a pacifist and not willing to stand up and say, "F me...no, F you!"
I know here where I live it is allowed unless you have a no soliciting sign. would a parking ticket
be the same since it was put there without his permission? Let's say he came out and an individual put a parking ticket on his windshield and instead of removing it he decided to turn the wipers on and somehow it scratched the glass are you going to sue the police dept for putting the ticket there?
It's a piece of paper inside the door not hurting anything I would let it go leave it there not bother getting the door torn apart to get it out or go to court to sue about it. Cali folks sue for every little thing don't they??? How about this get an estimate on how much it's going to cost to tear the door apart, and for the price would it be more cost effective to just file a claim with the insurance Co. or just leave it there .If the answer to that question is "Well damn it's not that big of a deal" then why would you want to take on a corporation over this flyer? True they may just say pay the little man and let's go on putting flyers on cars or they my say let's stretch this one out and kill him with leagal fees. Sorry if you feel I'm out of line with this one.
Last edited by Style2k6; 06-10-06 at 08:12 PM.
06-10-06, 05:43 PM
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Dude, just go to the dealer and tell them that you're experiencing some sort of noise whenever you roll the window up and down. They'll operate on it via warranty and find the flyer. Then you tell them you have no idea where it came from. Odds are they'll just throw the flyer in the trash, put the window back together and send you on your way free of charge. No need to get into a whole legal mess before you know if you're even going to be charged for the labor. Take it on a day that when the dealership's service department isn't busy.
06-10-06, 05:48 PM
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I see both points of view, and I didn't read too carefully since I didn't know the OP rolled the window down to let it blow away so now I see the other point of view more clearly. But still, if someone puts a flyer on my car and there is damage because of it - that company/person is going to pay me compensation.
06-10-06, 06:19 PM
#26
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Originally Posted by unit74
I think Style an Ken are missing the big picture.......
An individual placed this item on his car, without his permission, and it subsequently caused damage. So what if he saw or didn't see it. That's a week arguement. If said company had not placed this item on his car, the incident would not have occured. If it was an act of god, than it's an entirely different issue. But this was an itentional act, and although was not done with malice, still resulted in compensable damage.
If I was driving down the street and a construction company had torn up the cement and left a hole, then I hit it and bend a rim, do you think that's my fault as well for not seeing it? No, you would file a claim with the city and or the company doing the work. If it is substaniated, you will be taken care of. It's simple negligence on the behalf of the city...
Schit happens all the time. Doing something about it is the only right thing to do.....that is unless your a pacifist and not willing to stand up and say, "F me...no, F you!"
An individual placed this item on his car, without his permission, and it subsequently caused damage. So what if he saw or didn't see it. That's a week arguement. If said company had not placed this item on his car, the incident would not have occured. If it was an act of god, than it's an entirely different issue. But this was an itentional act, and although was not done with malice, still resulted in compensable damage.
If I was driving down the street and a construction company had torn up the cement and left a hole, then I hit it and bend a rim, do you think that's my fault as well for not seeing it? No, you would file a claim with the city and or the company doing the work. If it is substaniated, you will be taken care of. It's simple negligence on the behalf of the city...
Schit happens all the time. Doing something about it is the only right thing to do.....that is unless your a pacifist and not willing to stand up and say, "F me...no, F you!"
06-10-06, 06:20 PM
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Originally Posted by Reyngel
Dude, just go to the dealer and tell them that you're experiencing some sort of noise whenever you roll the window up and down. They'll operate on it via warranty and find the flyer. Then you tell them you have no idea where it came from. Odds are they'll just throw the flyer in the trash, put the window back together and send you on your way free of charge. No need to get into a whole legal mess before you know if you're even going to be charged for the labor. Take it on a day that when the dealership's service department isn't busy.
I guess Ken and I are the voices of reason.
Last edited by Style2k6; 06-10-06 at 06:23 PM.
06-10-06, 06:26 PM
#29
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Originally Posted by liverichly
I see both points of view, and I didn't read too carefully since I didn't know the OP rolled the window down to let it blow away so now I see the other point of view more clearly. But still, if someone puts a flyer on my car and there is damage because of it - that company/person is going to pay me compensation.
A company might be negligent if they:
1.Put the flyer on your car after you asked them not to.
2.Put the flyer on your car in some place that it shouldn't go, like in the grill or in the tail pipe, or some other strange opening.
3.Put the flyer on your car using some sort of glue or sticky residue to make it difficult to come off.
4.Put the flyer on your car without allowing the ink to dry first.
5.Put the flyer on your car at night where a driver wouldn't normally see it in the dark.
6.Put the flyer on your car by pulling or pushing on a part of the car that becomes damages (like the wiper) as a result of them placing the flyer.
7.Put the flyer on your car and the act of putting it there was illegal or unlawful (no soliciting, trespassing).
8.Put the flyer on your car and the flyer contained hate, slander, or other illegal speech.
This is why I am trying to first establish the fact from the OP if it is true what I am reading in his first post that he saw the flyer on his car before he got into his car.
06-10-06, 07:16 PM
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Yes, I did see the flyer in my door but thought it would just fall off if I hit the window (actually my friend that was with me in his own car did the same thing but his fell off).
I am sorry but I did not ask for a flyer and someone touched my car without permission and placed an object on it that subsequently caused "damage" in such a way and it is going to cost me to fix it....they should pay for it and if I decide to have it taken out (which I'm not sure yet) then I will call them and confront the issue, if they want to play ball (legal) then so be it.
I am sorry but I did not ask for a flyer and someone touched my car without permission and placed an object on it that subsequently caused "damage" in such a way and it is going to cost me to fix it....they should pay for it and if I decide to have it taken out (which I'm not sure yet) then I will call them and confront the issue, if they want to play ball (legal) then so be it.