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Thread started 22 Feb 2009 (Sunday) 16:24
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OMG 1Ds MK3 hit the concrete

 
JeffreyG
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Feb 22, 2009 18:34 |  #31

The only negligent person was the owner of the camera.

The woman was walking through the aisle of a restaurant and her purse strap snagged a camera strap that was carelessly left hanging off the end of the table.

What would you expect her to have done? Her advanced expensive camera detector should have given her advanced warning and should have shuffled past the table with her back pressed to the opposite wall?

This was an accident. The woman is not responsible to replace or repair the camera. If you don't have the wherewithal to sustain such a financial hit then you need to insure against it.


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mrkgoo
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Feb 22, 2009 18:44 |  #32

JeffreyG wrote in post #7382875 (external link)
The only negligent person was the owner of the camera.

The woman was walking through the aisle of a restaurant and her purse strap snagged a camera strap that was carelessly left hanging off the end of the table.

What would you expect her to have done? Her advanced expensive camera detector should have given her advanced warning and should have shuffled past the table with her back pressed to the opposite wall?

This was an accident. The woman is not responsible to replace or repair the camera. If you don't have the wherewithal to sustain such a financial hit then you need to insure against it.

I still think responsibility lies primarily with the owner, but that is not to say that the woman is totally innocent. When you are in public there is also a certain responsibility on your part that your accessories are not a hazard for others.

I carry around a heavy bag with camera gear. If it is my backpack, I KNOW that it creates a larger profile for me. I try to be as considerate as I can on a bus or elevator, when passing people and so on. I will not rapidly turn around, I am EXTRA careful when I am in a store with fragile displays and so on.

If I knocked over someones gear on a table from turning around, it would at least partially be an accident that I could have avoided had I paid more care...




  
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brianch
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Feb 22, 2009 18:48 |  #33

JeffreyG wrote in post #7382875 (external link)
The only negligent person was the owner of the camera.

The woman was walking through the aisle of a restaurant and her purse strap snagged a camera strap that was carelessly left hanging off the end of the table.

What would you expect her to have done? Her advanced expensive camera detector should have given her advanced warning and should have shuffled past the table with her back pressed to the opposite wall?

This was an accident. The woman is not responsible to replace or repair the camera. If you don't have the wherewithal to sustain such a financial hit then you need to insure against it.

I agree to a certain extent. Of course we all hope this would never happen to us. Accidents mostly happen due to carelessness of the owner more then carelessness of other people. I do believe she should have been more careful and aware of the surrounding environment but the owner of the camera should have been more careful and not placed the camera on the table ledge. This is a good reminder for all of us to be careful when bringing our cameras out to casual events.


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JeffreyG
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Feb 22, 2009 18:48 |  #34

mrkgoo wrote in post #7382953 (external link)
I still think responsibility lies primarily with the owner, but that is not to say that the woman is totally innocent. When you are in public there is also a certain responsibility on your part that your accessories are not a hazard for others.

...

If she was drunk and staggered into the table, or if she was carelessly swinging an oversized purse around or some such thing than sure.

But the story sounds like a normal person finishing lunch and walking out with their purse at their side. This is not a negligent person, and the damage was purely an accident.


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brianch
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Feb 22, 2009 18:50 |  #35

JeffreyG wrote in post #7382973 (external link)
If she was drunk and staggered into the table, or if she was carelessly swinging an oversized purse around or some such thing than sure.

Even so users should be careful where to place their gear. Especially when it costs THAT much. I never leave my camera on the table. I put it back in my bag or if I MUST place it on the table I try to place it on the most inner part of the table far away from any ledge.


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JeffreyG
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Feb 22, 2009 18:55 |  #36

brianch wrote in post #7382984 (external link)
Even so users should be careful where to place their gear. Especially when it costs THAT much. I never leave my camera on the table. I put it back in my bag or if I MUST place it on the table I try to place it on the most inner part of the table far away from any ledge.

I feel bad for the OP's friend. This is a bummer that could really happen to anyone. I try to be careful with my gear like anyone else, but mistakes do happen.

More to the point, not everything bad that happens is somebody else's fault. Sometimes there are accidents and you simply take a loss.


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mrkgoo
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Feb 22, 2009 18:55 |  #37

brianch wrote in post #7382984 (external link)
Even so users should be careful where to place their gear. Especially when it costs THAT much. I never leave my camera on the table. I put it back in my bag or if I MUST place it on the table I try to place it on the most inner part of the table far away from any ledge.

A good point.

Regardless of who's liable, I don't want my camera broken - so I avoid situations where it can be broken as best I can.




  
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brianch
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Feb 22, 2009 18:57 |  #38

JeffreyG wrote in post #7383008 (external link)
I feel bad for the OP's friend. This is a bummer that could really happen to anyone. I try to be careful with my gear like anyone else, but mistakes do happen.

More to the point, not everything bad that happens is somebody else's fault. Sometimes there are accidents and you simply take a loss.

No doubt. Loosing a 1Ds Mark III isn't the best thing to happen to anyone, I hope I never break anything.


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silvex
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Feb 22, 2009 19:00 |  #39

Sorry about the mishap. Do you think a person that works at best buy has money to have a 70-200 AND 1DsMkIII to repair them? Let alone replace them? You are probably looking at about $600 repair bill, wich is not THAT bad.

I was just talking with another photog that left HIS bag unattended for a minute to go to the bathroom....they stole the 40D, grip, 580EXII, 70-200f/2.8 and the 10-22...about $4,000...:shock:

Not too long a go I rented a 600L. The thing tilted REALLY fast and I grabbed my mounted 580EXII ripping the base. The hood of the 600L hit the ground and the little screw to attach broke to pieces. Samy was kind enough not to charge me anything. Unless it was going to cost them I repaired my flash at $110 flat fee at canon.

These and many others are reasons to insure YOUR gear...theft, accidents and the unknown.

Good luck dude I feel for you and it does happens.


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Feb 22, 2009 19:02 |  #40

Hmmm. $8K plus for camera and lens, but no insurance. I wonder if the owner has insurance on his car...

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nicksan
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Feb 22, 2009 19:02 |  #41

A Best Buy employee should be aware of how much a camera they don't sell is worth? What if she worked in the audio department? Interesting observation there...
Wow, that's pretty extreme. But then again, you ARE a law student...

To this non-law aware citizen it sounds to me like a simple accident.

I would never have my 1DMKIII out in the open like that.

I feel for the owner...however accidents do happen. That is what insurance is for.

...or maybe he can ask Obama for a bail out. ;-)a

randy.wick wrote in post #7382865 (external link)
That's a very good point. Still, a Best Buy employee should be aware of the potential value of a relatively small electronic device.

I'd sue the hell out of her, and attach best buy under a respondeat superior theory. Failure to properly prepare employees to understand the dangers of carelessly swinging hand bags around expensive camera equipment. Twenty page complaint. Maybe you're a resident of another state and you can even bring it action in federal court...

Or maybe I'm just a law student and like trying to think of things from this point of view :)

In any case, so sorry to hear it. Hopefully you find resolution!




  
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Feb 22, 2009 19:04 as a reply to  @ silvex's post |  #42

randy.wick wrote in post #7382865 (external link)
I'd sue the hell out of her, and attach best buy under a respondeat superior theory. Failure to properly prepare employees to understand the dangers of carelessly swinging hand bags around expensive camera equipment. Twenty page complaint. Maybe you're a resident of another state and you can even bring it action in federal court...

Or maybe I'm just a law student and like trying to think of things from this point of view :)

:rolleyes::rolleyes::rolleyes:


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Feb 22, 2009 19:09 |  #43

I can see this in court IF it goes that bad. The defense attorney suing the strap maker for not making it fluorescent yellow AND snag proof. I would not be surprise about a countersuit AFTER the woman is proven inocent, due to all stress caused.


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silvex
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Feb 22, 2009 19:10 |  #44

nicksan wrote in post #7383050 (external link)
...or maybe he can ask Obama for a bail out. ;-)a

bw!


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nicksan
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Feb 22, 2009 19:13 |  #45

Yeah man.
Now why wasn't there any velcro on the table and on the bottom of the 1DsMKIII?

That's just plain silly.

:lol:;)

silvex wrote in post #7383082 (external link)
I can see this in court IF it goes that bad. The defense attorney suing the strap maker for not making it fluorescent yellow AND snag proof. I would not be surprise about a countersuit AFTER the woman is proven inocent, due to all stress caused.




  
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