Week Eleven, Part 7 - Legal Theory Into Practice

If making arguments is the sine qua non of being a lawyer, I’m soon able to use my new-found legal muscle.

On Friday afternoon after my last class, I drive to Overhead Door Company in Mishawaka. There I purchase a garage door opener so that Terri and I will both have one.

Once I get home, however, it seems the transmitter unit in the opener is set incorrectly. The garage door won’t open when I push the button.

I call Bill, the clerk at Overhead Door, and he explains the setting adjustments I need to make. Wella! The door goes up and down like new.

Quite proud of my technological prowess, I test the garage door a half dozen times. Then, suddenly, it won’t close.

I call Bill again.

He says my continuous use has burned out the receiver unit on the motor!

I drive back to Overhead Door to get a replacement part. Bill tries to charge me the full price, $15.00.

“Can't we make a case that I'm not totally liable for this problem," I say. Bill is tall enough to install an overhead door without a ladder, and I’m on eye-level with the ballpoint pen in his pocket.

Silence.

"I know I’m to blame in part, but don’t you agree there’s concurrent causation?”

Silence.

“But-for the transmitter not being set right originally, this wouldn't have happened.”

Silence.

“How about dividing the fault,” I suggest. “I'm willing to be liable for half.”

“All right,” he says. “That’ll be $7.50.”

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