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Trials & Tribulations - The drama of running a business and of life. It's not as easy as it looks. Running a business is full of drama. Customers, employees, money, family, time. You name it, it's a problem. Share with us your drama and how you handled it.

Broken Glass


Trials & Tribulations - The drama of running a business and of life.

It's not as easy as it looks. Running a business is full of drama. Customers, employees, money, family, time. You name it, it's a problem. Share with us your drama and how you handled it.
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  #1  
Old 12-21-2010, 06:04 PM
aduttonater aduttonater is offline
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Default Broken Glass

I was recently weed wacking in a backyard, when it picked up a rock and flung it into a dual pane glass window. Estimate cost to fix will be $350.

I don't have the money, I am not licensed, and it was an accident.

The home owner does not have insurance either.

Am I at fault?

What if I were to get hurt on the customers property, wouldn't they be at fault?

Also the customers should be more alert about hiring unlicensed yard cleaners?

I am just not sure how to handle this situation. I offered the customers free yard clean up until it's paid off, they're going to get back with me on that.
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  #2  
Old 12-21-2010, 10:14 PM
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Quote:
Originally Posted by aduttonater View Post
I was recently weed wacking in a backyard, when it picked up a rock and flung it into a dual pane glass window. Estimate cost to fix will be $350.

I don't have the money, I am not licensed, and it was an accident.
As you can see none of that matters.
Quote:
Originally Posted by aduttonater View Post
The home owner does not have insurance either.
Sure he does. The deductible is probably more than $350 though.
Quote:
Originally Posted by aduttonater View Post
Am I at fault?
Uh, yeah. Why would you not be at fault? Who else could you possibly blame?
Quote:
Originally Posted by aduttonater View Post
What if I were to get hurt on the customers property, wouldn't they be at fault?
I'd blame you but you can sue the homeowner or their insurance. You probably wouldn't get anything unless they were negligent (like they forgot to tell you about the punji pit they dug yesterday).

Quote:
Originally Posted by aduttonater View Post
Also the customers should be more alert about hiring unlicensed yard cleaners?
Absolutely, they're going to be out $350 and all they can do is sue you for your weed whacker. You'll go out of business and disappear. Tough luck to everybody.

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Originally Posted by aduttonater View Post
I am just not sure how to handle this situation. I offered the customers free yard clean up until it's paid off, they're going to get back with me on that.
Just borrow the money and pay them or wait to be sued.
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Old 12-21-2010, 10:26 PM
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Quote:
Originally Posted by aduttonater View Post
I was recently weed wacking in a backyard, when it picked up a rock and flung it into a dual pane glass window. Estimate cost to fix will be $350.

I don't have the money, I am not licensed, and it was an accident.

The home owner does not have insurance either.

Am I at fault?

What if I were to get hurt on the customers property, wouldn't they be at fault?

Also the customers should be more alert about hiring unlicensed yard cleaners?

I am just not sure how to handle this situation. I offered the customers free yard clean up until it's paid off, they're going to get back with me on that.
To answer the main question, yes you are at fault.

This is a lesson for the both of you unfortunately. If you were hurt on their property without workmans comp insurance then they could be held liable for any injuries on their property. This would not cover damage to the property. Liability insurance is for that. However the damage would not be high enough to meet your deductible so you would be left paying the whole amount any way.

I don't know what your work schedule is like but if I were you I would get a job fast either delivering the newspaper or pizzas to pay for the window.

If the customer had been more alert you would have no work.

Sorry this happened but it may make you take a closer look at your business as a whole to reduce the amount of exposure that you have in the future.

The one thing you can take away is that there was not a person standing in the way of that rock.
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Old 12-21-2010, 11:06 PM
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What is the reason behind not being licensed and insured? That really is something that is needed to have becuase you never know what can happen. It is relatively cheap to have the insurance. Being licensed and insured opens up your business to so much more work also. When you can tell a potential customer that your licensed & insured it gives you credibility.
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Old 12-21-2010, 11:16 PM
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this post should be made a "sticky" in the should I why do I need insurance section .Its unfortunate,but he's going to have to take it on the chin ,and as mentioned above,at least he didnt hurt anybody .
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Old 12-22-2010, 04:37 AM
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This is probably a question for your lawyer, based on where I live you are at fault and the owner can sue you. I see you have a Lawn Care name above, if representation was made by you that you are "ABC Lawn Care" the customer has no legal responsibility to ensure you are registered. licensed, insured with workers comp, they do on the commercial side but not residential. If you were hurt here on a customers property, you are SOL, their insurance would walk and you would probably be reported.

Also if the province (same as state) found out you were operating under a name without being registered, I believe the fine starts at $2,500, then workers comp would nail you also.

All in all not a good situation to be in.

Edit: I see in another post you make representation to being a Company
http://tucsonqualitylandscaping.blog...in-5-easy.html
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  #7  
Old 12-22-2010, 09:10 AM
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as with everyone else sure your liable, if you're full time at this then a business license and simple liability is a small price to pay so you don't have to worry about this kind of issue, at this point you are open to all types of problems...have business representation on your vehicle and hit someone and then not have commercial auto issurance....not a fun experience there, pay the $350 call it a day and then still offer some free lawn care for your negligence so as not to perpetuate a bad stigma for Professional lawn care companies.

call the one person that would bail you out of jail borrow the money and get the window fixed because not being a business the suit will attack you directly and not just for the window.....
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Old 12-22-2010, 11:39 AM
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In such situations where even if you do have insurance, isn't it possible, most insurance deductibles are going to be higher than the $350? So, in general, wouldn't you basically have to pay for it out of your own pocket anyway?

If that is the case, does it make sense to keep a certain amount of cash on hand to cover such events from happening or no?
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Old 12-22-2010, 12:36 PM
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his deductable probably would be higher than the price of the window ,and even if it wasnt he would probably be better off just paying it out of pocket as the insurance companies love to raise your rates when you start claiming stuff .
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Old 12-22-2010, 02:20 PM
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Easy.


Find a few guys who would be able to fix the window.
Get quotes and show your customer available prices.


You can then deal with the repair guy instead, depends who decides to pay
- phew!


Let your customer know you are making an effort to solve this issue.

Tip: Continue to charge him and use the money to repair the window.

The only time you shouldn't charge, is if you KNOW the cost of the repair and will be deducting accordingly a.k.a bartering your services to pay for your damage.


I truly hope this helped. Wish you the best of luck!
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