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Should I be Liable?

Discussion in 'Commercial Snow Removal' started by NBI Lawn, Jan 6, 2008.

  1. NBI Lawn

    NBI Lawn PlowSite.com Addict
    Messages: 1,797

    Last night I was helping my brother push back piles at one of his accounts I destroyed a picnic table that was in one of the piles :eek:. It was in an open area on a hill so its not as though it was a break area. My brother said he has told them to move it mulitple times but they never did, now I smashed it on accident obviously

    Should he (my brother) or me for that matter be held liable for the damage or should it be an "I told you so" situation? It is probably only a $200 table but still.
    Last edited: Jan 6, 2008
  2. Scottscape

    Scottscape Senior Member
    Messages: 662

    If you seen it and knew it was there, no. If you knew it was there and hit it, yes.

    Considering that it is your brother and he knew it was there but you didn't I would see if he would go half with you.. It might keep things smooth with you and him.

    I replace anything I break if I know it was there and it was due to me not paying attention and such but I can't help breaking something if I never knew it was there.

    I'd let your brother handle it with them
  3. Oasis

    Oasis Senior Member
    Messages: 273

    Offer them half the price of the table and tell them that next time they are asked to move something for the safety of those involved please to comply.
  4. Joe D

    Joe D Senior Member
    Messages: 605

    Go and talk with them, explain it was hit and why it couldn't be seen and bring up about them not going to keep it there. Be nice and apologetic. Maybe they will surprise you and say don't worry about it.
  5. powerjoke

    powerjoke PlowSite.com Addict
    Messages: 1,341

    i hate to be a a-hole but yea you are liable

    a contractor can-not dictate where any of the clients property is stowed!!

    if it was not you're fault because it was in a snow-bank l would like to know WHO put the snow there in the first place? just because you was not on site when the snow was stacked there the first time does not relieve responsibility from you're brother.
  6. creativedesigns

    creativedesigns PlowSite.com Addict
    Messages: 1,929

    Picnic table kits $75 at Home Depot:D
  7. LwnmwrMan22

    LwnmwrMan22 PlowSite Fanatic
    Messages: 27,866

    I'd pay and make sure it's at least as good as it was before.
  8. scoopdog

    scoopdog Junior Member
    from ohio
    Messages: 28


    Yes in a court they will make you pay for the table. This is why we all need to be charging more for our services. This business looks easy until you start to have problem.