 |
|
|
Help! Lawsuit over scratched glass
| I recently filled out your consultation form for scratched glass, and i emailed you as well. I have a homeowner that has retained a lwayer and threatened to sue me for $10,000 for scratching newly installed windows on her pre-existing home after a re-model. My crew ent out the first time on 5/14/09. After that cleaning, she was satisfied, and signed our paperwork that the job was done to her satisfaction. 12 days later (5/26/09) , she called and complained that the windows were not good enough, and wanted us to come back. As a matter of customer service, i decided to send my crew back the next day (5/27/09). On both occasions, my crew used Triumph scrapers with brand new, stainless steel blades. She was aware of this, and did not object. On neither clean did they get her to sign our liability waiver, which made me quite upset, as you can imagine. However, she told the crew at the time, as well as my wife two days later over the phone (5/29/09), that everything was fine and she was satisfied. Then on 6/4/09 she called our office to complain of scratches over all the windows we cleaned. i went out twice to inspect them, and was able to determine that the windows had the fabricating debris defect, but only on the outside surface. i explained this to her, and suggested she contact the manufacturer to see about replacement. In the meantime, she was advised by both the installer AND contractor that it was our fault and she should sue us. The installer told me that the windows were not tempered, but the homeowner admitted that the 6 door windows were, in fact, tempered, but claimed the others were not. the same defect was present on all the outside surfaces of every window. Her lawyer is demanding $10,000 based on an estimate she got, which i have not seen yet. If we do not provide our insurance to them, they will seek a trial and request $15,000 plus court and attorney fees. Can you give me any advice? Please help! |
Jarod Kerney
Sunday, July 19, 2009
|
| I had an update on this situation of mine. i went ahead and submitted this as a claim for my insurance. They told me there is a chance they might not cover this claim, since she is alleging that we used improper cleaning methods by using scrapers. He did say that if the claim is coverable, they would fight it. i'm worried now that the claim might be denied and she will choose to come after us personally. the potentail costs could be devastating to our company. What should i do? |
Jarod Kerney
Tuesday, July 21, 2009
|
Jarod,
You need to contact your insurance company and show them you used Standard Window Cleaning tools. Send them several catalogs from several suppliers, which show razor scrapers are standard.
Then feel free to have them call me for a 101 lession on Fabricating Debris, which will scratch glass and excess fabricating debris should not be present on heat-treated glass.
Good luck,
Dan Fields |
Dan Fields
Wednesday, July 22, 2009
|
| Thanks for the support Dan. We did exactly as you suugested. We order our tools from JRacenstein & Co. so we sent our insurance a catalog, along with their 800 number, and website address. We also gave them your number too. If they call, i know you can educate them well. thanks again! |
Jarod Kerney
Wednesday, July 22, 2009
|
| Hey just wanted to update this situation for anyone waiting to know the outcome. We submitted the incident to our insurance for review after they had their lawyer send us a letter threatening to sue us in court (on advice of our counsel). The insurance company reviewed the case, including the information we provided about defective glass. Their determination was that we had done nothing wrong in the service we provided, so they declined to cover it. This was back in August, and it's October now. We have not heard from our former customer or her lawyer since the decision. We aren't ruling out their deciding to pursue us personally, but right now it seems the matter could be over. If anything else develops, i will post it here. Thanks Dan, for your advice. |
Jarod Kerney
Thursday, October 22, 2009
|
| Well, i guess i spoke too soon. Last night i was served with papers stating that our former customer has decided to pursue a trial against us. One of the statements in the accusation i found especially outrageous was that we "negigently, carelessly and recklessly caused damage to the plaintiff's windows." Looks like this thing is going to move forward. We have 20 days to respond , or a judgment will be entered against us. |
Jarod Kerney
Thursday, November 5, 2009
|
| I was notified yesterday that a trial date has been set for the woman suing us over scratched glass (see previous postings in this topic). We want to hire you to come and testify for us. i fear that a judgment in her favor could set a dangerous precedent in Montana that will put all window cleaners here potentially at risk. |
Jarod Kerney
Friday, April 16, 2010
|
Reply to this topic
|
|
|
|
