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TellTale Damages the Jeep of Something Awful's Boomerjinks
- Thread starter FatalT
- Start date
echoshifting
Banned
Man, that TT employee on reddit is getting torn to shreds.
echoshifting
Banned
X26 said:
Shocking
Pie and Beans
Look for me on the local news, I'll be the guy arrested for trying to burn down a Nintendo exec's house.
paying up the 2000 dollars to make it right from the start now probably seems like a pittance to the sheer amount of bad will they've generated before the release of their product. whoops.
RobotRocker
Member
Pie and Beans said:
The question is, are TT liable though? Whoever signed for it at PAX could have made a mistake and forgot to check the jeep (Due to time pressure for example) and signed off without checking. Human error is looking the most likely aspect. What could TT do other than fire the person who made the mistake? Paying would be bad legal practice since that would be admitting to something they didn't do.
Boomerjinks is making it look like a black & white issue, but it never is.
RobotRocker said:
Human error by an employee of TT does make TT liable. Without going into details, this is agency liability. Firing the employee is not the most they can do, it is the least.
Not only would it be good legal practice to just pay up because it appears to be a nominal amount (should a lawsuit be filed, it will cost much more when all the attorney's fees and costs are factored in), but most of all, it would be good business practice because TT is in the business of selling games to a small market, a large part of which has disdain for TT now.
echoshifting
Banned
RobotRocker said:
IANAL, but I am pretty sure signing a bill of lading makes them 100% liable. It doesn't matter if the employee didn't actually inspect it; the company is responsible for that, not the employee. At some point somebody decided inspecting the jeep was not a high enough priority, and that person represented Telltale when he/she made that decision. It seems pretty black and white to me.
Boomerjinks made some mistakes along the way, no doubt of that, but that doesn't make him liable for the damage. The issue here is liability, nothing more, nothing less, and there are signed documents proving that Telltale accepted that liability. These other "gray" issues, like what Boomerjinks "should" have done or even who caused the damage or when, aren't important to the end result.
edit: jurassicjeep.com has had 32,000+ visitors today.
The employee was sent by TT as the company's representative, and thus TT is liable.RobotRocker said:
Also, even if he wasn't, just because something might be tolerable by law doesn't make it the right thing to do. Boomerjinks lent them his car, they damaged it; it should be taken for granted that Telltale pays the damage. After all the company is the sole reason why the car got damaged; no matter whether or not they are obliged to pay by law. It's just a horrible way to treat someone who did them a favour.
ameratsu said:
But what about the ripped seat cover? Even if the cover was part of the reason, at least some damage was due to the carrier's negligence, which was exacerbated by the TT employee's negligence in failing to check the jeep before signing off on the BoL.
Additionally, who is in a better position to know what the cover would do at 60mph? The professional carrier which makes its living delivering cars from place to place every day or a lay vehicle owner?
CrookedRain
Member
Didn't he claim that they promised an enclosed vehicle carrier though?ameratsu said:
echoshifting
Banned
Some more info in a long summary from boomerjinks on reddit, here's the key quote:
Kevin Bruner (CEO) claimed a couple hours ago that boomerjinks has his contact info and has not attempted to contact him. Boomerjinks claims this isn't true:
boomerjinks said:
Kevin Bruner (CEO) claimed a couple hours ago that boomerjinks has his contact info and has not attempted to contact him. Boomerjinks claims this isn't true:
echoshifting
Banned
Yeah I'd really like to read that letter.
Yup
Tron 2.0 said:
Yup
Angry Grimace
Two cannibals are eating a clown. One turns to the other and says "does something taste funny to you?"
Sue them. It doesn't sound like there's going to be a conclusion otherwise.
echoshifting
Banned
Kusagari said:
It is incredible to me that he apparently assumed this would not occur to every single person that reads his post.
GodfatherX
Member
looks like a dodge magnum turned into a ghostbusters carAlexMogil said:
echoshifting
Banned
Dear Telltale,
You do realize that if the sun sets on this shitty stance you have taken without fixing the damn jeep, it doesn't really matter what you do from this point forward, right? This issue is going to fade into the background, probably overnight, the threads will slip away, and we'll all be left with this distinctive negative impression of you. Say you pay the guy tomorrow, or Wednesday. Nobody is going to notice.
Free advice: just pay the man. Jesus. Your opportunity to save any face here is rapidly disintegrating.
You do realize that if the sun sets on this shitty stance you have taken without fixing the damn jeep, it doesn't really matter what you do from this point forward, right? This issue is going to fade into the background, probably overnight, the threads will slip away, and we'll all be left with this distinctive negative impression of you. Say you pay the guy tomorrow, or Wednesday. Nobody is going to notice.
Free advice: just pay the man. Jesus. Your opportunity to save any face here is rapidly disintegrating.
echoshifting said:
For good reason: His company signed for the damn thing. That's basically an "okay, we take it! LOLZ" liability. Even if the shipping company did damage to the vehicle during shipping, Telltale accepted the damage and thus the liability. They didn't even check the damage. If they did and got to him quicker and said "we think it's from shipping, we're going to claim issues with the shipper but we need to make sure this damage isn't from before shipping" they would've at least been responsible in the situation. The fact they didn't and are attempting to bury it despite accepting the damage to show the jeep at a show is worrying.
It's like Valve asking you to use your custom headcrab hoodie at E3. But when you get it back your hoodie is ripped to shreads like a Raptor went at it. "Oh, but we didn't do that!" Valve would say. Bullshit, it's your responsibility that I get that hoodie back undamaged once I give it to you.
A Link to the Past
Banned
http://www.ibtimes.com/articles/249254/20111114/reddit-complaint-gamers-steamed-damaged-jeep.htm Only thing I've seen on Google News related to this so far.
Psychotext
Member
What this guy said.echoshifting said:
It's about as black and white as it gets. If I loan you something and it's damaged whilst it's in your possession, or being handled by someone who you employed / contracted to handle it... you're damn sure going to make it right.RobotRocker said:
echoshifting
Banned
A Link to the Snitch said:
Let it begin
Reply from Kevin Bruner
http://www.reddit.com/r/gaming/comments/mceic/about_that_jurassic_park_jeep/
http://www.reddit.com/r/gaming/comments/mceic/about_that_jurassic_park_jeep/
echoshifting
Banned
Talk about right in the nick of time.
Still...good on ya, Kevin. That was the right thing to do and I'm glad you took care of it today.
Still...good on ya, Kevin. That was the right thing to do and I'm glad you took care of it today.
Broder Salsa
Banned
Good to see them (finally) doing the right thing here.
jling84 said:
Not at all. But I feel using a specific "good will" company will get some people that don't "get it" on board. Telltale signed for the responsibility of the car once it arrived. They failed to check for damage and notify the dude. Ergo, at fault. It's open and shut.
harriet the spy
Member
So is the guy lying about not being in contact with TellTale / choosing the shipping company?
echoshifting
Banned
harriet the spy said:
I seriously doubt it.
As long as it has a happy ending, I guess. Telltale gets a C- for their handling. Barely a passing grade, but a pass nonetheless.
Deductions for sluggishness, sloppy attempts at pinning responsibility on the victim, and an iffy mea culpa
edit: if he wanted to, all Boomerjinks really has to do to refute the accusations in Kevin's note is post a copy of that last letter he claims he got in September from Telltale's lawyers. Note how Kevin claims they've been in regular contact but doesn't actually state when he was last in contact with Boomerjinks. It seems to be written in a deliberately slippery fashion.
Nice that he's writing out the check. But he still really doesn't get it. I can't believe he's still making TT out to be the victim, when in his own post he basically is admitting that they were negligent (despite saying they were in no way negligent).
He needs to understand that just because they didn't directly cause the damage, that DOES NOT mean that they were not negligent. If a huge gash in the seat was not caught by the person inspecting the car on delivery, THAT IS NEGLIGENCE!! If the person signing the BoL was not confident he/she could verify the condition of the car, he/she should have not signed and maybe contacted the owner for starters.
He needs to understand that just because they didn't directly cause the damage, that DOES NOT mean that they were not negligent. If a huge gash in the seat was not caught by the person inspecting the car on delivery, THAT IS NEGLIGENCE!! If the person signing the BoL was not confident he/she could verify the condition of the car, he/she should have not signed and maybe contacted the owner for starters.
Ignis Fatuus
Banned
He's not denying that Telltale did send that letter saying that they did not find themselves responsible and would not pay.
This is very obvious damage control but probably the best they could have done having been caught trying to ignore the problem until it went away.
They should have just paid immediately. They will probably lose much more than $2000 over this.
echoshifting
Banned
Ignis Fatuus said:
Wario64 said:
It's hard to decide which of these statements is filled with more truth
The truth overfloweth
SirPenguin
Member
Interesting response from the CEO.
I work for a major logistics company, so his response confuses me more than anything. Who assumes what responsibility is always at the forefront of any carrier contract, so there really should be no question here. Telltale is both the Shipper and the Consignee (receiver), so it would make sense for them to hold sole responsibility. Think of renting a video from Blockbuster (as hard as that might be to imagine nowadays) - that is much closer to this situation than, saying, ordering something from Amazon.
It is true that by signing the BL you end up absolving the carrier of responsibility. Telltale claiming they didn't know the Jeep was damaged is at that point irrelevant. I'm sure their main point is going to be pleading ignorance, but they should have contacted the guy before signing.
I work for a major logistics company, so his response confuses me more than anything. Who assumes what responsibility is always at the forefront of any carrier contract, so there really should be no question here. Telltale is both the Shipper and the Consignee (receiver), so it would make sense for them to hold sole responsibility. Think of renting a video from Blockbuster (as hard as that might be to imagine nowadays) - that is much closer to this situation than, saying, ordering something from Amazon.
It is true that by signing the BL you end up absolving the carrier of responsibility. Telltale claiming they didn't know the Jeep was damaged is at that point irrelevant. I'm sure their main point is going to be pleading ignorance, but they should have contacted the guy before signing.
POWERSPHERE
Banned
Wario64 said:
Occupy Forums.