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View Full Version : Ok, *I* have a legal question...


Vampire Archimiel
2008-07-11, 04:09
Yes, I know I'm usually answering these rather than asking them, but heres one I can't seem to find any law regarding.

83 year old female, living in Georgia. Her daughter, 58, is disabled and lives with her. Their AC is broken and does not work. Daughter has respiratory condition of some kind which is exasperated by the heat. She has a service contract with Sears (whom she may or may not have bought the AC from, I do know a service/repair contract exists with them). Repeated calls have been made to try and have the AC fixed, and the last call said it may take 10+ days for completion.

She posed the question to me, is there any law which states elderly or disabled have preference and priority over non-elderly and non-disabled in such circumstances?

Currently searching: Sears repair/service policy, geriatric law, Alabama and Georgia Human Relations Law

Any thoughts?

ComradeAsh
2008-07-11, 08:39
I doubt that there is a specific law.

However some essential services (such as telephone, power) may have regulations in place that if notified that if there exists a customer with a life threatening condition, they must get back to them quicker than a normal person.

Perhaps a quiet reminder that it would be a shame if their negligence negatively affected said persons health, though that would be a lie.

Nerd Fangs
2008-07-11, 12:35
Highly unlikely.

Issue313
2008-07-12, 00:30
I'd approach this from a tort perspective. When accepting the contract Sears may have assumed a responsibility to ensure the normal operation of the AC. The essential question here is whether Sears have a duty of care to the owner to see that they are not caused undue discomfort by a delay in fixing the AC, or whether the duty of care extends just to fixing the AC within a reasonable time.

Since the contract was entered into, presumably without communication of any particulars of circumstance, I'd say no, Sears have no specific duty of care. However if they fail to fix it when they stated, or within reasonable time, they are liable for damage caused by their failure to act.

Vampire Archimiel
2008-07-12, 01:25
I have EXTREME doubts this old battleaxe (which is what I consider her to be) is going to get any special treatment because shes old and her daughter is disabled. It sounds like shes just fucking impatient in my opinion. But I'll check Sears service policy over again just to be sure.

Nerd Fangs
2008-07-12, 01:30
I'd approach this from a tort perspective. When accepting the contract Sears may have assumed a responsibility to ensure the normal operation of the AC. The essential question here is whether Sears have a duty of care to the owner to see that they are not caused undue discomfort by a delay in fixing the AC, or whether the duty of care extends just to fixing the AC within a reasonable time.

Since the contract was entered into, presumably without communication of any particulars of circumstance, I'd say no, Sears have no specific duty of care. However if they fail to fix it when they stated, or within reasonable time, they are liable for damage caused by their failure to act.

Cute little A level answer, there.

Bukujutsu
2008-07-12, 06:02
Pfft, just tell that younger old bitch to tell those Sears bitches that her bitch ass respiratory problems are causing her bitchy problems because the bitch ass AC is broken and that she might DIE like the little bitch she is(honestly, what kind kind of bitch ass bitch gets respiratory problems because they don't have AC. That be some straight up weak bitchiness right there) so obviously those Sears bitches will be a bunch of bitch ass pussies that'll be to bitchy to want some bitch to die 'cause they wouldn't hurry their bitch ass asses up and fix their bitch ass AC and they'll bitch run over like the little bitches they are and fix that thang right up and BAM, you know, bitch ass problems solves CRACKER!!! Honestly, this bitch ass nigga was all looking through those bitch ass laws and shit! WHITEY, who the bitch ass hell does that? I swear, this bitch ass nigga couldn't think of a plan as brilliant as mine. Tsk tsk tsk, stupid CRACKER, like I said have them LIIIIEEE LIKE I SAID, OR *OR* tell them to make up some other bitch ass lies that are even worse and those bitch asses will be over there even faster, like a white guy chasing after some CASSEROLE or MEATLOAF or whatever you bitch ass crackers eat.
Got that, you BITCH ASS *HONKEY*?!

wolfy_9005
2008-07-12, 14:26
^ get off the crack nigger

If it's made worse by the heat then technically it is putting her life in danger, which will make sears or whoever responsible because their too slow to replace/repair the AC. I'd just write a letter to them and explain they have 48 hours to get it fixed or else you contact a lawyer. they dont want any bad publicity

Vampire Archimiel
2008-07-13, 02:06
^ get off the crack nigger

If it's made worse by the heat then technically it is putting her life in danger, which will make sears or whoever responsible because their too slow to replace/repair the AC. I'd just write a letter to them and explain they have 48 hours to get it fixed or else you contact a lawyer. they dont want any bad publicity

Wouldn't the 48 hours already be up by the time the letter gets there? (J/k)

I called the old woman and told her theres no such law, check her service warrenty and call Sears with her concerns.

Mr Smith
2008-07-13, 03:47
tell her to explain the situation and politely request that it be fixed asap, that will probably yield better results then anything else.

Bukujutsu
2008-07-13, 04:45
You ignant ass bitch ass niggas just be repeating what I said. Damn niggas, was da post too long for ya or somethin. Lazy ass bitch ass nigga, don' give a black man no credit...

Mr Smith
2008-07-13, 06:12
You ignant ass bitch ass niggas just be repeating what I said. Damn niggas, was da post too long for ya or somethin. Lazy ass bitch ass nigga, don' give a black man no credit...

Yeah but I dont speak nigger, so you might have well typed that up in hebrew.