Legal Question in Civil Litigation in Colorado
camper broke while looking at it for purchase at a dealer
I was looking at a pop-up camper for purchase at a dealer. It was not set up when we arrived, so I offered to assist the salesman in setting it up. While I was turning the crank to raise the roof of the camper the cable snapped. The salesman told me I had cranked it too far and implied it was my fault. He later called me and told me I needed to pay for half of the cost of repair (1000$). I feel that it was most likely a manufacturer error (ie: the cable was faulty), and that if he were worried about me using the crank he should have stopped me from helping. Does he have a case against me? What should I tell him?
1 Answer from Attorneys
Re: camper broke while looking at it for purchase at a dealer
Tell him, nice try.
When the salesman accepted your offer of help, he took responsibility for supervising that help. He was certainly in a much better position than you were to know the limits of the crank mechanism, and if he felt you were performing his instructions incorrectly he should have intervened.
One piece of advice, not necessarily legal: buy a different camper.
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