S
Solar Steve
Hi guys. With much talk about leaving ice on the floor on cold days, I was wondering if anyone has actually been sued because of this? If so, what was the line of argument and the final outcome?
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Squeak and Bubbles
Well-known member
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- 1,016
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- Leeds
Not me Steve. If it's that bad, I won't risk it, it's not worth the hassle. Some take the chance, but it only takes one slip, it's coming up to Christmas people are skint even more so to try it on. You had an issue?
adrian5139
Well-known member
- Messages
- 95
i just pre warn people then its their decision but mostly i talk them out of having it done, have to be so carefull in this day & age people are just looking for an excuse to sue, make sure if you do go ahead that all your warning signs are in position, always helps
S
Solar Steve
I've been wfp for nearly 10 years. It's never been mentioned by a customer as a hazard to them, nor have I heard any other window cleaners having a problem. Surely if it was that big a risk, the risk would have claimed casualties by now.
On paths, I offer to salt for free. If they say yes, if they slip, it was their choice. If they decline the offer and slip, again that was their choice. That way, I absolve myself of any responsibility.
I continue to work even if the water freezes because I have covered myself. If they are out, I don't salt.
To be legally sued, surely the evidence needs to be concrete against you. (Pardon the pun!). Was it your water or their water from their defrosting their car? We're they wearing appropriate footwear? If they were in, they should have a degree of common sense to realise frozen water will be on the ground. Common sense is a factor. If a road has had snow on but the council ploughed then gritted it, if you carried on at a normal dry day speed and you crashed, could you sue the council for not ploughing ALL of the snow off and eliminating the risk? Could you sue them for your slipping/skidding on their salt? I doubt it. Your common sense should have told you to slow down to reduce the risk of an accident.
I know there may be differing opinions on this, but I would fight it all the way. My viewpoint may alter if I knew of any REAL cases, not hypotheticals, where someone was sued and how the legal aspects panned out in court.
On paths, I offer to salt for free. If they say yes, if they slip, it was their choice. If they decline the offer and slip, again that was their choice. That way, I absolve myself of any responsibility.
I continue to work even if the water freezes because I have covered myself. If they are out, I don't salt.
To be legally sued, surely the evidence needs to be concrete against you. (Pardon the pun!). Was it your water or their water from their defrosting their car? We're they wearing appropriate footwear? If they were in, they should have a degree of common sense to realise frozen water will be on the ground. Common sense is a factor. If a road has had snow on but the council ploughed then gritted it, if you carried on at a normal dry day speed and you crashed, could you sue the council for not ploughing ALL of the snow off and eliminating the risk? Could you sue them for your slipping/skidding on their salt? I doubt it. Your common sense should have told you to slow down to reduce the risk of an accident.
I know there may be differing opinions on this, but I would fight it all the way. My viewpoint may alter if I knew of any REAL cases, not hypotheticals, where someone was sued and how the legal aspects panned out in court.
Extremecleansussex
Well-known member
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- 246
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- Sussex
I had a claim against me nearly three years ago when a customer slipped on ice shortly after I'd cleaned her windows and broke her leg in two places.
My insurance company decided it was cheaper to pay out than to fight the claim.
My insurance company decided it was cheaper to pay out than to fight the claim.
S
Solar Steve
Not sure if it is congratulations, but you are our first! How did they prove it was you?
Extremecleansussex
Well-known member
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- 246
- Location
- Sussex
The customer came out to shut her garage after I'd gone and slipped on the first step. I could have argued it but my insurance company decided that it was cheaper to pay out than to fight it. They paid out £7.5k in the end and doubled my premium.
So in answer to your question, they never proved that it was me.
So in answer to your question, they never proved that it was me.
A.K WINDOWS
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- Mars
son of a b1tch customer mate jesus,i take it you dont still clean her windows lol?
Squeak and Bubbles
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it pays to have insurance. You still cleaning her windows? /emoticons/ohmy.png
GMcleaning
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Extremecleansussex
Well-known member
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- 246
- Location
- Sussex
She's retired so had no work issues and yes I do still clean her windows. I don't clean her door and she just gives me her garage keys so doesn't have to come out to lock it after.
Whilst I can't say for sure that it was my fault, I felt really bad that I may have caused her do much pain.
Whilst I can't say for sure that it was my fault, I felt really bad that I may have caused her do much pain.
Squeak and Bubbles
Well-known member
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- 1,016
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- Leeds
A.K WINDOWS
Well-known member
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- Mars
cant understand why you still do her windows?
i wouldnt feel bad for her if she sued me for that amount.
i wouldnt feel bad for her if she sued me for that amount.
A.K WINDOWS
Well-known member
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- 1,472
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- Mars
its not really the custys fault is it? she came out and slipped on water/icy step caused by the bloke that had just cleaned the windows' date=' probably hurt herself quite bad, had to take time off work etc.[/quote']well thats the joys of WFP dont get this **** when yer trad
CNS-southwest
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What if a wfp brush falls on a Ferrari ???
Extremecleansussex
Well-known member
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Why not? It was an accident for which I have insurance.
She was in a lot of pain and was unable to carry on as normal for about six months. If it was my fault then what's the problem?
I was surprised she wanted me to carry on cleaning her windows.
It was a lesson learned, two actually. Be careful when cleaning in freezing conditions and always make sure you've got insurance!
A.K WINDOWS
Well-known member
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- 1,472
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your a better man than me.
i would have thought it was 50/50 blame but i still would not clean her windows id be wanting to cut her throat to be fair.
i would have thought it was 50/50 blame but i still would not clean her windows id be wanting to cut her throat to be fair.
S
Solar Steve
I think that hits the nail on the head for me. My attitude is exactly the same.
We all do a potentially dangerous, even life-threatening job. Minimise the risk is rule one. Having the right insurance may not be rule two for me, but it ranks up there.
I'm glad I started this thread. There seemed from previous threads there was a lot of concern about not working in freezing conditions. So far only poor ECS has been done and even then it seems it may not have been his fault. It was certainly never proved to have been the case. It seems he allowed the claim out of a kindly attitude towards the customer.
Maybe we can all relax a little about working in freezing conditions. If we are mindful of the hazard, we are all sensible enough to minimise the risk. Even if an accident should happen, IF we choose to fight it, the evidence against us must be beyond doubt and I'm not sure even then as it would be......
bluemonkey
Well-known member
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- 1,082
am sorry, but if your working and the water is freezing on the floor, then you are inviting a claim, you have all year to earn money to afford a few days off, if you cant then you aint running your business properly
GMcleaning
Well-known member
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- 956
unfortunately the evidence doesnt have to be beyond doubt, that only applies to criminal law, not civil proceedings unfortunately. basically if you admitted you might have left water on the ground which could have frozen, and the claimant says they slipped on it then a judge will say you were negligent and therefore liable. also i dont think ecs allowed the claim out of kindness to his customer, its the way insurance works that if someone makes a claim 9 times out of 10 the insurance company will pay out, its a cheaper option then fighting it with the cost of case prep, legal fees, etc and then the possibility of having to pay out anyway.
