Client ignores advice, who is liable?

[peds]

On 21/06/2024 at 18:41, daltontrees said:

I believe the distinction is universal, but I see a lot of contractors calling cutomers clients, maybe they think it makes them look fancier, the way that 'tree surgeon' makes a tree butcher look fancier. But I expect in a court of law anyone calling their customer a client would be implying an advisory role requiring professional indemnity. When I was a surveyor (MRICS) I remember our law lecturer stating that even if you weren't being paid for the advice you were still professionally liable for it.

 

Very interesting. Thanks. 

[Mark Bolam]

1 hour ago, jfc said:

You both have a duty of care. However no further action needed, by you, as you have informed the tree owner (hopefully in writing) of your concern and advice to remove. It is their responsibility to action it or not. If it fails and goes to court coz someone is injured they will have to explain why they did nothing.

 

 

 

Good advice.

Cover yourself with an email.

 

You could possibly inform Highways as well.

[scbk]

5 hours ago, zippysluggish said:

I'm pretty sure this tree will fail sooner rather than later. 

If it was just going to fall in his garden I wouldn't be so bothered but the fact it's going to go over a busy road leaves me wondering what action I should take? What's my responsibility?

Get in touch with the council/roads authority, tell them what you have seen.

 

He puts a higher priority on having his hedge trimmed than the safety of innocent folks passing by!

 

 

[Steven P]

Perhaps some polite further advice that the hedge can be trimmed anytime but similarly the tree could - in your opinion of course - fail anytime - and to check the household insurance cover for the tree if it does fall.

[daltontrees]

11 hours ago, scbk said:

Get in touch with the council/roads authority, tell them what you have seen.

There is no obligation to report it to Highways. I'd go further and say that there is no right to. Reporting a customer to the authorities? Are you serious? That would be a fundamental breach of confidentiality. And seriously bad business.

Warn the customer of the risk. Then forget about it.

[Joe Newton]

26 minutes ago, daltontrees said:

There is no obligation to report it to Highways. I'd go further and say that there is no right to. Reporting a customer to the authorities? Are you serious? That would be a fundamental breach of confidentiality. And seriously bad business.

Warn the customer of the risk. Then forget about it.

Balls to the customer. If he's more concerned about his hedges than the safety of others, I'd say you have a higher obligation to the general public. 

[scbk]

1 hour ago, daltontrees said:

There is no obligation to report it to Highways. I'd go further and say that there is no right to. Reporting a customer to the authorities? Are you serious? That would be a fundamental breach of confidentiality. And seriously bad business.

Warn the customer of the risk. Then forget about it.

The obligation is a moral one. If you see something unsafe, you should try and do something about it.

[Mark Bolam]

9 hours ago, daltontrees said:

There is no obligation to report it to Highways. I'd go further and say that there is no right to. Reporting a customer to the authorities? Are you serious? That would be a fundamental breach of confidentiality. And seriously bad business.

Warn the customer of the risk. Then forget about it.

 

This sums up what is wrong with modern life Jules.

 

If a customer mentioned to me he was going to go into a school on a machine gun rampage do you think I shouldn’t report him?

 

A tight-arsed prick like this one wouldn’t be my customer for long anyway, so it’s no great loss.

[Treewolf]

On 21/06/2024 at 18:32, AHPP said:

I like your distinction between client and customer. Is there any legal basis to it?

The general definition is that a client buys a service (or possibly an intangible product in modern service management vernacular) whilst a customer buys a tangible product or object.

 

Solicitors, prostitutes, hairdressers, builders and so on have clients. Butchers, bakers and candlestick makers and so on have customers.

 

Of course it's not always clear cut. If you buy a house from a builder you're a customer, but if you employ a builder to erect your house you're (probably) a client.

 

 

[AHPP]

15 minutes ago, Treewolf said:

The general definition is that a client buys a service (or possibly an intangible product in modern service management vernacular) whilst a customer buys a tangible product or object.

 

Solicitors, prostitutes, hairdressers, builders and so on have clients. Butchers, bakers and candlestick makers and so on have customers.

 

Of course it's not always clear cut. If you buy a house from a builder you're a customer, but if you employ a builder to erect your house you're (probably) a client.

 

 

 

 

Definition from where?