West Coast Vend LLC Posted September 29, 2009 Share Posted September 29, 2009 Today while I was collecting from an account they told me that they had an incident with my 2" capsule machine. It seems there was a lawyer in the store with his family. His girls put 75c in my 2" capsule machine and they didn't get a toy because it was completely empty. They could clearly see that it was empty but still but their money in the machine. The reason we know he is a lawyer is because he started yelling at the store personal in the middle of all the customers. He told them that he is a "LAWYER" and that he was going to sue them and the store because they had an empty machine on the selling floor and his daughter didn't get anything when she put her money in it. By the way, they gave her back her 75c as soon as she told them. Can you say, "AMBULANCE CHASER". My question for all of you is. Is there a written law that says that a store can be sued for having an empty vending machine on the selling floor? Let me know if you have ever heard of such a thing. Please don't forget, he is a lawyer. Gary Link to comment Share on other sites More sharing options...
JPVendCo. Posted September 29, 2009 Share Posted September 29, 2009 sounds like crap to me. if his dumb kid put money in a empty machine she deserves to lose her money. my kids are smarter then that! Link to comment Share on other sites More sharing options...
JPVendCo. Posted September 29, 2009 Share Posted September 29, 2009 besides, what is he going to sue for? 75 cents? what a moron, and the people he was saying it to believed it. this is what is wrong today. people want to shift the blame and/or responsibility off of them selves when it as simple as common sense. the guy who sued McDonalds because the coffee burnt him, got a huge settlement. You mean to tell me you didn't know coffee is HOT? or you f*%*ing kidding me?? I don't care for lawyers much, because they play into this type of mentality. Link to comment Share on other sites More sharing options...
whaletail116 Posted September 29, 2009 Share Posted September 29, 2009 There is no law. He cannot sue. Link to comment Share on other sites More sharing options...
antoniocinisi Posted September 29, 2009 Share Posted September 29, 2009 There is no law. He cannot sue.not knowing for a fact or anything but I have to agree,he can`t do sh!t, noteven the biggest golpher bag lawyer can.on what grounds anyways?what judge would side w him?he most likely wasn`t a lawyer either,or at least not a good one.a real lawyer would have left and came back with legal papers had he any grounds to stand on. Link to comment Share on other sites More sharing options...
davidsurvz Posted September 29, 2009 Share Posted September 29, 2009 OH Brother!!! What do you say to that kind of stupidity. What an absolute Jack golpher!! The only thing he may be able to do is to file a civil suit but over 75 cents that he was refunded on, I don't think so. What a Jack golpher!!! Link to comment Share on other sites More sharing options...
kai1836 Posted September 29, 2009 Share Posted September 29, 2009 Gary, While I agree he can't sue you should put a disclaimer on the machine. Something to the effect of if machine is empty do not use or call......some people just don't get it. Link to comment Share on other sites More sharing options...
Faith Vending Posted September 29, 2009 Share Posted September 29, 2009 If the jerk accepted the refund he cannot sue, particularly with witnesses present. Link to comment Share on other sites More sharing options...
G-man422 Posted September 29, 2009 Share Posted September 29, 2009 I'm no lawyer, but I would say that if he took the 75 cent refund he can't sue, and as stated, even if he did sue he would lose money in court costs, his time, lawyers time, and so on. You're good Gary, don't sweat it. Link to comment Share on other sites More sharing options...
MrEen Posted September 30, 2009 Share Posted September 30, 2009 I have to agree 100% with Kelly! I'd be very willing to bet the girls didn't even put any money in the machine. They were probably disheartened that the machine was empty, so SUPERDAD raised hell so his daughters would see him fighting on their behalf. I'm pretty certain this will be a case of the bark being much worse than the bite. Scott Link to comment Share on other sites More sharing options...
lurtsman Posted September 30, 2009 Share Posted September 30, 2009 He wasnt a lawyer....had to be some bi-polar freak. If this guy had enough brains to be able to do something, and wanted to, he would've done it. He left all his potential cards on the table, and from tipping the hand you can tell he is bluffing. I'd bet he isn't a lawyer, he's a legal assistant. He might have a mental disorder. I feel bad for the store, but it shouldn't be an issue. The insane amount of money awarded to people on stupid cases is the problem because it encourages lawyers to go to bat with flimsy cases since most wins are home runs and they can afford to fail frequently. Link to comment Share on other sites More sharing options...
Jarola Posted September 30, 2009 Share Posted September 30, 2009 Several thoughts here... 1) Of course he can't sue. I was in Walmart the other day and they were out of my favorite soda. Could I sue for that? If only! 2) My 3 & 5 year olds put a quarter in my empty U-Turn that I was repairing. They knew it was empty but wanted to put the money in and turn the crank. Almost Pavlovian in nature, I'd say. And knowing that the canisters were empty, they still opened the door and looked up the chute. Vending machines have a "magic" aspect to them that children can't resist. Hooray for that! 3) Why would a vendor allow his or her machine to go empty? You can't sell what you don't have, except to a lawyer's kid (or mine) apparently. I don't know what the circumstances were, perhaps it was a new placement and you didn't realize it would sell out so quickly, but clearly it needs to be serviced more often or is an opportunity to place additional machines there. Just my two cents... Regards, Jacob Link to comment Share on other sites More sharing options...
dperry Posted September 30, 2009 Share Posted September 30, 2009 You are all missing the real issue here. The real issue is that a 2" item selling for 75c sold out before the next service cycle. The question I have is WHAT WAS THE PRODUCT THAT SOLD OUT AT 75c? Link to comment Share on other sites More sharing options...
antoniocinisi Posted September 30, 2009 Share Posted September 30, 2009 You are all missing the real issue here. The real issue is that a 2" item selling for 75c sold out before the next service cycle. The question I have is WHAT WAS THE PRODUCT THAT SOLD OUT AT 75c?how long a service cycle then is the next question. Link to comment Share on other sites More sharing options...
West Coast Vend LLC Posted September 30, 2009 Author Share Posted September 30, 2009 it's my BBV. I filled the 2" mach twice this month. first time at 50c then Friday went to 75c. I collected Monday and it was empty again. It had $187 in it. I am selling giant zoo m Mania. Link to comment Share on other sites More sharing options...
MrEen Posted October 1, 2009 Share Posted October 1, 2009 Umm, I'm getting a little nervous about my 9-5 job. That location could almost replace my 9-5 job!!! Of course, that gross/net thing would mess that up, but, WAY TO GO, GARY! Scott Link to comment Share on other sites More sharing options...
joebob051977 Posted October 1, 2009 Share Posted October 1, 2009 I do believe that this was said, and I know enough about law to say that this is a fact. IF he took the 75 cents, he can still sue, but will not win the suit. The 75 cents would be considered a settlement on damages. It would no doubt be a small claims suit which he would have to pay a fee to file the suit. A true lawyer who was planning to sue would know this, and understand that there is a certain decorum to carry one's self when dealing with the law and been level headed over this and know it is ridiculous. I think someone was just blowing smoke since they wanted the money back and thought that this was the way. Link to comment Share on other sites More sharing options...
BluePlate Posted October 1, 2009 Share Posted October 1, 2009 In Massachusetts he could go for triple damages ............ I'm sure they would settle out of court for a $1. From my experience, the people who yell the loudest are harmless. It's the people that walk away quietly you need to worry about. Link to comment Share on other sites More sharing options...
West Coast Vend LLC Posted October 1, 2009 Author Share Posted October 1, 2009 I am not to worried about this guy. The store is not worried about it. I am more worried about him quietly sending a letter to their corporate office. I also want to be able to tell the store manager that he can not be sued. Gary Link to comment Share on other sites More sharing options...
lurtsman Posted October 1, 2009 Share Posted October 1, 2009 it's my BBV. I filled the 2" mach twice this month. first time at 50c then Friday went to 75c. I collected Monday and it was empty again. It had $187 in it. I am selling giant zoo m Mania. That is beyond words. I would want to watch the tape of the machine getting vends that fast. Link to comment Share on other sites More sharing options...
Jarola Posted October 1, 2009 Share Posted October 1, 2009 I am not to worried about this guy. The store is not worried about it. I am more worried about him quietly sending a letter to their corporate office. I also want to be able to tell the store manager that he can not be sued. Gary You said it was a video store, right? Ask him if people have sued (or could) when a popular title is unavailable because all the copies have been rented already that night? I understand that you need to address his concerns or he may choose not to host the machine any longer, but he needs to be made to see this from a more realistic perspective. Regards, Jacob Link to comment Share on other sites More sharing options...
antoniocinisi Posted October 1, 2009 Share Posted October 1, 2009 You said it was a video store, right? Ask him if people have sued (or could) when a popular title is unavailable because all the copies have been rented already that night? I understand that you need to address his concerns or he may choose not to host the machine any longer, but he needs to be made to see this from a more realistic perspective. Regards, Jacob I dont think this applies since he paid for an item he didnt recieve,you cant rent a movie thats not there.still he has no ground to sue,nor will he.the empty can rattles the most,and I can hear this one all the way here. Link to comment Share on other sites More sharing options...
The Mage Posted October 1, 2009 Share Posted October 1, 2009 Yes he actually can sue. You can pretty much sue anybody at any time for any reason. Now if a Judge did see this come up, he would not only throw it out on the basis of it being frivolous, he would probably chew out the person for bringing the lawsuit, and if he actually was a lawyer, I believe the Judge could actually exact some sort of punishment effecting his career. I doubt this guy actually was a lawyer, and could have even got the item, removed it, and pretended he was pissed of just to get his 75¢ back. Yes there are people out there that would actually scam 75¢. Disclaimer: I am not a lawyer, this is not legal advice, and you should never take legal advice from me anyway. But I will still send you a bill. Link to comment Share on other sites More sharing options...
joebob051977 Posted October 1, 2009 Share Posted October 1, 2009 I'm not a lawyer, My brother is one, and I aced my law class. Plus, I stayed at a Holdiay Inn Express. You can sue anyone. Nothing prevents anyone from bringing a suit against someone or a corporation. There was a settlement of 75 cents when he took the refund. I would just let this drop. People can just be real idiots sometimes. This is at worst a case of par delictum (equal fault) which has already been settled. Sure, the machine should have not been empty, but also the girls shouldn't have put money in an empty machine. But it was settled. Link to comment Share on other sites More sharing options...
Jarola Posted October 1, 2009 Share Posted October 1, 2009 I'm not a lawyer, My brother is one, and I aced my law class. Plus, I stayed at a Holdiay Inn Express. You can sue anyone. Nothing prevents anyone from bringing a suit against someone or a corporation. There was a settlement of 75 cents when he took the refund. I would just let this drop. People can just be real idiots sometimes. This is at worst a case of par delictum (equal fault) which has already been settled. Sure, the machine should have not been empty, but also the girls shouldn't have put money in an empty machine. But it was settled. Thank you, antoniocinisi, I stand corrected! I'm 100% with Joebob here. Regards, Jacob Link to comment Share on other sites More sharing options...
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