Opinions please

[_Jersey Girl]

Hey Guys,

You know how you're in a situation and in the moment and in hindsight, wish you'd handled it differently? That happened yesterday. We received delivery of a new refrigerator/freezer from Lowes because our 28 year old model was on it's last leg. JB let the first guy in who came in by himself. I'll call him #1. He was a huge guy wearing a mask. He started strapping up the old appliance to move it out. His partner #2 came in to help. #2 had long hair and had his head down the whole time. They easily moved out the old then brought in the new. When they got the new one placed, #1 started setting it up--removing labels, fixing up the shelves, and plugged in. #2 stood back from the fridge and was in front of the counter when he put his head up, I noticed he wasn't wearing a mask.

Masks are state mandatory here.

I freaked out a little in my head. I opened the sliding glass doors where I was standing, thought about it for a second or two (#2 had already been in my house for a few minutes the first time. He was already in my house a second time talking for a bit until he raised up his head. I looked at him twice to make sure I was seeing what I was seeing.). I asked JB to come back into the kitchen and get me a mask out of the cupboard. In hindsight, I know that I should have had him give #2 a mask as well (we have plenty) but as I said I was in the moment.

Beyond that, the process went smoothly. Both men were professional, polite, and friendly. They did a great job. Appliance is fabulous. If all had gone well, Lowes delivery service would have gotten a "5 star" rating.

JB volunteered that he didn't think that I should put the lack of mask for #2 on the customer survey. Let's stop here and just say that I do whatever I feel compelled to do in any given situation. My thoughts went directly to "document this in writing."

I stewed over this for about an hour, got online and found the Lowes customer service email (supposed to reply in 48 hours). I couldn't call the store because it was already closed by that time and I wanted documentation anyway. I wrote a "strongly worded email". (No swearage). Our kids have copies of everything from the e-receipt to the customer service email.

Here is my question.

If Lowes comes back with an offer to refund the delivery fee (I'm guessing here) and if I were to accept it, does that constitute me accepting compensation for the negligent offense and (settling the matter) and IF one or both of us were to come down with Covid-19 within the next 2 weeks and either suffered debilitating effects or death, and IF it could be proven that #2 had the virus (tested positive) at the same time...could we or our family try to sue Lowe for negligence and would that even fly?

Lowes website claims that it's employees are screened for Covid. Also, prior to delivery WE had to fill out a Covid survey before Lowes would deliver.


I hope I've made myself clear. Your thoughts? Please don't say I'm crazy. Had I seen #2 coming to the door without a mask, I would have stopped him right there. I have never been in a pandemic this bad, protected myself for this long, and never have been exposed to a non-family member who wasn't wearing a mask for all this time. And neither has JB.

[_Some Schmo]

I obviously can't comment on the legal aspect of your question, but I think you did the right thing to report it. People need to take this sh-it more seriously, and if #2 get's reprimanded, good. Every little bit helps.

I like that you called him #2. People who don't wear masks in public are sh-its.

But to be more charitable for a second, it's possible he just forgot. I've done that a couple times myself (although when I remember, I become extremely agitated/embarrassed and have to get away from people immediately). Maybe your complaint will just hand him the reminder he needs.

I'm with you on occasionally not noticing a maskless person next to me. It's strange how easy it is to forget yourself sometimes. You were likely happily distracted with your new appliance so it would be easy to not notice.

[_Jersey Girl]

I obviously can't comment on the legal aspect of your question, but I think you did the right thing to report it. People need to take this sh-it more seriously, and if #2 get's reprimanded, good. Every little bit helps.

I like that you called him #2. People who don't wear masks in public are sh-its.

But to be more charitable for a second, it's possible he just forgot. I've done that a couple times myself (although when I remember, I become extremely agitated/embarrassed and have to get away from people immediately). Maybe your complaint will just hand him the reminder he needs.

I'm with you on occasionally not noticing a maskless person next to me. It's strange how easy it is to forget yourself sometimes. You were likely happily distracted with your new appliance so it would be easy to not notice.

His long hair was covering his face the first time he came inside with his head down. I didn't notice his face until he had come back in with #1 and the new fridge.

I don't know how he could have forgotten to wear a mask since his partner was wearing one the whole time. I wish I had asked JB to give him a mask when I asked for one myself when I was on the other side of the room.

And then after they left of course I started thinking about all the what ifs because how can you not when we're in a flipping pandemic?

[_Some Schmo]

I don't know how he could have forgotten to wear a mask since his partner was wearing one the whole time. I wish I had asked Jersey Boy to give him a mask when I asked for one myself when I was on the other side of the room.

Ahhh, you never know. He could have been distracted by any number of things. I've looked straight at my wife wearing a mask and forgotten I wasn't wearing one. Kind of reminds me of looking for my glasses when I'm already wearing them, only in reverse. It can be forgiven if you've now gotten into the habit of wearing one. Sometimes you forget to put your watch back on after a shower. You get thinking and sh-it is forgotten.

Of course, this is all just spit-balling for the benefit of the doubt. There's a good chance he was making a political statement too, in which case, yeah... he's a #2.

And then after they left of course I started thinking about all the what ifs because how can you not when we're in a flipping pandemic?

I hear ya.

[_Res Ipsa]

If they offer you anything, I think it's worth a call to a local personal injury lawyer just to make sure.

Oh, and you're not crazy. Well, actually, you are. But your post isn't.

[_Jersey Girl]

If they offer you anything, I think it's worth a call to a local personal injury lawyer just to make sure.

Oh, and you're not crazy. Well, actually, you are. But your post isn't.

I'm so undervalued around this place.

[_Gunnar]

If they offer you anything, I think it's worth a call to a local personal injury lawyer just to make sure.

Oh, and you're not crazy. Well, actually, you are. But your post isn't.

I'm so undervalued around this place.

As RI said, "But your post isn't." :biggrin:

[_Res Ipsa]

It's a good crazy!

[_Dr Exiled]

If you get covid-19, you will have to show it was caused by this delivery guy not wearing his mask which will be difficult if not impossible to do. Masks cannot prevent transmission, only slow it down. Also, the virus survives on surfaces for a time. So, Lowes attorneys and experts will be able to raise the question of exactly where you got the virus, claiming it could have come from anywhere, making the case really difficult.

I hope you don't get it and don't have to consider going down that path of suing Lowes.

[_Some Schmo]

Also, the virus survives on surfaces for a time.

Does it? The latest I heard was that the chance of picking it up via surface contact was negligible. Has that changed?

I sort of thought we were past that idea, mostly because we don't hear experts telling us to wash our hands and avoid touching our face for months now.