Holiday legal problem < tort-king > 2011-12-25 08:21





A few weeks ago, I was at a shopping mall and I saw this guy at a kiosk near the Sunglass Hut who was taking orders for specialty toys. Anyway, they had this really creepy ordering procedure where you had to sit on this old guy’s lap and tell him what you wanted. It was odd because he asked me if I had been good and he was dressed in a funny, red outfit. He asked me if I wanted to pull his beard too. Anyway, I told him what I wanted and he said he’d put the order in back at his shop somewhere way up north and then he assured me he would deliver it personally on Christmas Day. It’s a specialty outfit, he said, a mom and pop outfit really, and they make all their own merchandise by hand. Plus it’s for a good cause because all his workers are little people.



Well, this morning I was notified that the merchandise I had ordered was damaged in transit. Apparently the item fell from the delivery vehicle from quite a great height.



As an aside, the delivery guy was driving some really old, red, antique vehicle, looked like a foreign job, but I think it must have been a hybrid because it didn’t make a sound).



But to make matters worse, while attempting delivery, the delivery guy fell on my property and may have injured himself. What he was doing on my roof I will never know.



Also, I had left out the some snacks (milk and a couple cookies) for the guy because I knew I would not be home when he came. Well, to add insult to injury, he also now claims that he got food poisoning from the stuff I left out for him.



Evidently the guy couldn’t drive afterward and he had to leave some livestock here that he had been transporting - some kind of rare deer; there were 9 of them.



Now that I think about it, the guy may have had some kind of foot fetish because he asked us to make sure to leave out our stockings.



So my questions are: (1) is the failure of the delivery covered under the Uniform Commercial Code and (2) can I be sued for the delivery guy’s fall on my property? Shouldn’t that be worker’s comp? And is his going on the roof assumption of the risk?

