Broken glass

[cordwood]

Hi quick question for the grass cutter's on here. What is the liability with regard's to strimming a customer's garden and putting a stone through their window? I know it can happen with even a small stone on a lawn even after an inspection before you start.

[Gary Prentice]

If you weren't strimming it couldn't happen. Risk assessments and method statements should find a way to prevent it, ie strimming so any objects are launched away from windows or even covering windows if necessary.

 

Liability will, probably, always be yours.

[wisecobandit]

If the council are strimming the verges etc and a car window is broken they are liable.

Therefore I would imagine the onus is on you but can only go by the above so I maybe wrong.

[s.varty]

Almost defiantly your fault, who else is to blame?

[cordwood]

That's what I thought. On the odd occasion it has happened I've replaced the glass. I was talking to a pal of mine who is an insurer, who reckon's that as long as you have taken reasonable precautions then it is up to the home owner to claim there insurance as it was their stone that you hit. Seemingly if you were say stump grinding and you brought a stone up with the grinder which then broke a window then you are liable as the stone was brought to the surface by your action's. I don't really understand the difference so was interested in other people's thoughts

[bobh]

Doesn't really matter who is or isn't technically liable, if you want to work for the customer again you just get on and replace the glass!

 

Sent from my Nexus 7 using Arbtalk mobile app

[cordwood]

Doesn't really matter who is or isn't technically liable, if you want to work for the customer again you just get on and replace the glass!

 

Sent from my Nexus 7 using Arbtalk mobile app

 

Bang on.

[kevinjohnsonmbe]

Isn't that the dichotomy in so many respects with insurance?

 

Insure against the risk and absorb the cost of insurance into pricing schedule or don't insure and assume the responsibility for incidents that carry liability.

 

Liability for repairs to property are a good deal easier to quantify than potential injury to people.

 

If there's a risk of throwing a stone that breaks a window it may be cheaper to occasionally replace a window but if the same stone caused personal injury that's a whole different ball game in terms of potential financial liability - bit of a game changer!

 

I don't think strimming is worth the risk since customers don't seem to realise (and pay accordingly) how much risk the operator has to assume.

[hedgesparrow]

no matter how much you check to see there are no objects in the grass the strimmer will find them and if it breaks a window then you have to pay for damage same if it injures a third person hence PL insurance.