Pack Liability Update
Carolyn Greathouse (cjgmcus@MAIL.ICON-STL.NET)
Mon, 22 Sep 1997 08:00:28 -0500
What a great group this is!! I've received so many replies on how to handle
this predicament. Many of the replies were placed on the list, and I've
responded to a few of you separately, but I wanted to update the group on
what's happened since the "SCRATCH":
1. To calm your nerves -- yes, we did contact the council and explained what
happened. We did not have prior approvement for our fundraiser -- our
council only makes us do that if we wear uniforms for fundraising.
Nevertheless, council pretty much ignored our request for advice (we never
even got around to asking them about money!!) BTW -- we're chartered by our
PTO -- we didn't even talk to them about this because we were reasonably
sure they wouldn't help, and were concerned they'd drop our charter if we
got into trouble.
2. One of our committee members contacted the local Pontiac dealer (Many of
you suggested we go to any car dealer or repair center -- we felt more
comfortable with Pontiac because we wanted to be sure the paint would match;
you would have, too, after having dealt with the "VICTIM" a few times!) --
anyway, they agreed to repair the scratch at little or no cost to us (I'll
know how much, if any, later this week). (It's amazing how local businesses
will support scouting if you ask!) They are dealing only with us -- no
bills or receipts will be provided to the "VICTIM". In return, we've agreed
to publicize their dealership at future (non-carwashing) fundraisers.
3. We contacted the "VICTIM" and told her to take the car to the dealer for
repair, but that we just couldn't afford to pay for her car rental. We
thought we were being fair having her car repaired, since there was no real
proof that we actually scratched it. After a little discussion, she agreed
to pay that cost (if any) herself. (I suspect her family has other cars at
her disposal and she really didn't need the rental anyway.)
4. What we've learned:
A) In the future, we'll post a sign about liability, care, etc.
B) While we won't give up on car washes (they're easy to organize, no
upfront cash needed, and fairly lucrative), we will require more people like
me to be around throughout the wash (I'm a stickler about not letting the
boys throw rags and towels on the ground and then reusing them later -- they
think I'm mean!! Oh well!)
C) Never admit liability to anything without a lot of proof. In our case, we
suspect we did damage the vehicle, but she did leave the car wash and return
later, so we couldn't be sure. In this case, I do believe our response was
proper. Some people on the list were concerned that the leaders at the wash
acted improperly (w/o pack committee approval) -- It happened that the three
of our five committee members were at the wash at the time the "SCRATCH"
occurred. They did what they thought was best, and we (The rest of the
committee and leaders) agreed.
D) This is a great group -- we had tons of advice provided, legal assistance
offered (Thanks Jim) and in general you all really boosted our confidence in
what we had done and what we were planning to do. Hopefully she'll get her
car in this week and we'll be done with this!! Cross your fingers!
Kari Greathouse (Den Leader & wife of Cubmaster)
Greater St. Louis Area Council
Terry Howerton Sakima Group, Inc. SCOUTER Magazine Kansas City