"Ken Richardson" wrote in message
...
A gentleman who attended our show complained two days later that the ink
from the stamp used as a pass out on the back of his hand got on to his
shirt and cannot be removed. Does he have any right to make a claim.from
us
or should we direct him to the manufacturers of the stamp.
Thanks.



Assuming you arranged insurance, you may find that your policy terms require
you to notify your insurers immediately on becoming aware of circumstances
which may give rise to a claim, even if the likely damages are less than the
policy excess. It might be advisable to contact your insurers, possibly via
your brokers, prior to responding to the complainant, for advice as to how
to proceed, if you have not already done so.

If you did not arrange insurance, you're on your own. The complainant has 'a
right' to seek redress against any one or anybody he considers liable,
regardless of your views on the matter, although that does not necessarily
mean he would be successful in an attempt to pursue a case before the
courts.

If he is only claiming the cost of a new shirt, how does that compare with
the cost of consulting a solicitor, defending a claim, etc?

If he is only claiming the cost of a new shirt, how does that compare
with the cost of consulting a solicitor, defending a claim, etc?

Even if he is entitled to redress he is not entitled to a new shirt! He
could not claim more than the second-hand value that is likely to be
negligible.

"Peter Crosland" wrote in message
...
If he is only claiming the cost of a new shirt, how does that compare
with the cost of consulting a solicitor, defending a claim, etc?

Even if he is entitled to redress he is not entitled to a new shirt! He
could not claim more than the second-hand value that is likely to be
negligible.



If he decides to claim, he can claim whatever he thinks appropriate,
although that might bear little resemblance to what a court might eventually
make of the matter. However, would the difference in value between a new
replacement shirt and his pre-worn shirt justify the cost and trouble of
contesting the claim? Unlikely, unless thought probable the court would
dismiss the claim without a hearing.

FWIW do not involve solicitors in this. They simply contribute to the sum
total of human unhappiness. They get paid whether you win or lose ( so what
is their motivation to do well by you? ).

You should also dispense with the idea that a lawyer will be able to
give you a definitive answer as to whether you have any liability. The law
is not a science, it is about adversarial banter, precedent, being able to
wheedle out arcane excuses, and not least, what the personality of the judge
is like.

Make the man an offer but don't let him take you for a ride, i.e.
don't admit liability but make a goodwill gesture, write 'without prejudice'
etc as you have been advised on correspondence. Learn from this and make
sure if you use ink next time you also blot people's hands afterwards and
warn them not to get it on their clothes. It'll be miles cheaper than a
lawyer.

And, no, I'm not a lawyer; I have though, had the misfortune of engaging
several.

Andy ( who knows that British law is the best in the world......that money
can buy....)