QUESTION

Do i have a case?

Asked on Dec 12th, 2023 on Business Litigation - Pennsylvania
More details to this question:
Im working at a piano shop. The owner has a second location inside of a mall. The mall has multiple times told my boss that pianos are not allowed to be played. He is selling pianos out of said location. The other day he was on the phone with mall management who stopped a customer from testing a piano. the customer said over the phone "I don't need this. I'll go buy a piano somewhere else". I contacted on behalf of my boss to see if he has a case. if so, we will persue legal action.
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1 ANSWER

CREDIT CARD COLLECTION DEFENSE Attorney serving Harrisburg, PA
If you are asking whether you have a case against mall management for prohibiting the customer from testing the piano my response is:  probably not.  The reason I say this is that I have represented landlords and tenants in retail leases and it is common that landlords include provisions in the leases that prohibit audio of any sort from emanating from the store, restaurant, etc except in limited circumstances or with the landlord's permission for special events, for example.  So, in order to answer your question I would need to see the lease and advise your boss acoordingly.  It could very well be the case that he or she agreed that sound may not be heard outside the store leaving him or her with no case against the landlord.  I know this is not the answer you wanted because you may have lost a customer but I am attempting to give you general guidance based on the limited information you provided.
Answered on Jan 01st, 2024 at 5:16 AM

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