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Why do I bother -customer threatening to sue me.
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Bogblaster
Joined: 17 Nov 2005
Location: Gloucestershire
Posts: 177
 
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| Why do I bother -customer threatening to sue me. |
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I run a drainage business (Franchise of Dyno-Rod) and have done so for 14 years, profitable and succesful.
I have a phone call today fron Dyno-Rod PLC as they have had a phonecall from the Health and Safety Executive in Bristol as one of my customers has informed them of the fact that her husband contracted Leptospirosis (Weils Disease)
I pulled out the invoice, then spoke to the engineer, who told me what had happened.
He arrived on site; as the manhole was at the back of the property in the garage, he started pulling the hose out of the van and running it up the side of the building, as he is walking back to the van to get more hose, the length that is on the floor starts moving. He shouts to the customer "don't touch that mate, it's had  on it" to which the customer replies he will be alright as he will wash his hands.
When he has got enough hose out he then starts clearing the drain, the manhole is full of sewage and he struggles to get the hose into the exit hole of the chamber, after 4 attempts the customer, of his own volition, slips his shoes off and in a pair of shorts and a t-shirt lowers himself into the manhole to try and locate the hole, this is in spite of my engineer informing him that he was mad and shouldn't be doing it owing to all the diseases found in a drain. The customer then says to my engineer, "it's alright, I'll have a shower when we're finished"
Despite the customers attempts at helping the engineer still couldn't clear the drain so he called another crew who were in the area with a more powerful drain jetter in to finish the job, this they duly did and the invoice was raised.
I have spoken to the HSE man, who was very helpful and was requesting my Risk Assesments and Training Records - no problem there, all in order and up to date. I am meticulous about them, but he also advised me that the customers wife was considering sueing me as her husband had nearly died and his kidneys were badly damaged.
How can I protect myslef against people like this? Dissy 3 HSE TDV6, with all the toys, but no DVD player like the last one, kids well off, JE Chip
A5 3.0l TDI 
New Puma 90 in Stornoway Grey, with Winch, Snorkel, BFG's or Kumho KL71's, Intercooler, Bash plate, Old Man Emus, and more being added to every week  including a dent.........
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 Thu Jul 17 2008 4:31pm |
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Bodsy
Joined: 06 Nov 2006
Location: Home, home on the range........
Posts: 5471
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You can't really, you'll always get people like this. EVERY profession, EVERY walk of life, you'll find some tonk who supposedly knows better that the experts......
Hope it doesn't come to anything, but at least that's what you have public liability for.  TDV6 HSE Black, Black Wheels /MTR's(in the shed!), Black RRS front/rear LR badge (tbf) Black Leather, Black Glass, Black TowB, Shiny Tasmods, Dull Mantec, White (& Orange) Reflective D3 Sticker, Black steering wheel badge, black air intake. Optima & Traxide dual battery setup.
Need black RRS wheel centre caps.
Now with added Engel.....
We D3, therefore we are..........
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| Thu Jul 17 2008 4:37pm |
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al cope
Joined: 08 Nov 2005
Location: Oldbury, WM
Posts: 1603
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can you get "idiot" insurance?
Al TDV6 S - Tonga with Ebony
(and 19" RRS alloys, satnav & DVD)
Remember - You can only walk so far into the wilderness before you are walking out again
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| Thu Jul 17 2008 4:39pm |
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James R
Joined: 27 Oct 2007
Location: All at Sea
Posts: 593
 
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 Some people are too stupid to be allowed out on the streets!
Your bloke told him not to do what he did. What else could your man do? physically restrain him?
How do you know the dumb f**k hadn't already been snorkling in there before your man arrived?
This ambulance chasing mentallity really p***es me off. Sharks: Natures way of telling surfers to get a job
07 Silver TDV6 XS Manual + Stainless Tubes + Tints + LR dog Guard
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| Thu Jul 17 2008 4:40pm |
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DG
Joined: 12 Dec 2005
Location: The Gaff !
Posts: 13725
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As I see it, it is not as a result a failure of your equipment or the actions of your employees that the man has contracted this condition. It's as a result of him getting into the drain of his own free will ...provided that you can demonstrate due diligence in your general processes then this chap doesn't have a leg to stand on IMHO Powered by............................
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I've been accused of vulgarity. I say that's bullshit 
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| Thu Jul 17 2008 4:46pm |
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JMC
Joined: 25 Feb 2006
Location: Aberdeen-Angus. Where the Bull* comes from!
Posts: 3679
 
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Unless your man specifically asked the customer to do this (which I doubt), I don't think you have much to worry about. There is a world of difference between someone threatening to sue, and someone actually finding a solicitor who will take the case - especially on a no win no fee basis which is what these Darwinites look for.  The older I get, the more I realise that people confuse wrinkles for wisdom 
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| Thu Jul 17 2008 5:09pm |
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The Large One
Site Sponsor
Joined: 20 Apr 2007
Location: You may know but i'm not telling you
Posts: 1093
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As above
Tell them they can have their day in court and laugh at them as they will then have to pay all the costs becasue her hubber is a numpty prick....
If you employ a professional to do a job why try to help out...you will only end up hindering the pro and maybe causing damage or injury...If i pay someone to do a job i'm if i would then help them do the job as well... they've got the knowledge and the equipment You want it for how much !!!!!
Handle every situation like a dog, if you can't eat it or hump it, Pi$$ on it and walk away......
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| Thu Jul 17 2008 5:42pm |
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BrumLee
Joined: 07 Mar 2008
Location: West Midlands
Posts: 256
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Your engineer did wrong He should have told the customer to grab the hose and to climb into the manhole, he may not have done it then  Reverse psychology works everytime with teenagers and idiots
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| Thu Jul 17 2008 5:43pm |
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countrywide
Joined: 16 Sep 2007
Location: Sunny South Coast
Posts: 1460
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How do they know he got it from the drain.
He could have got it from anywhere, not necessarily the drain. I doubt it could ever be shown to be contracted when your engineer was there and if anything the idiot who did it broke the rules and could have put your operator at risk. Maybe you should sue them instead.
People have to take an element of responsibility for their own safety and it doesn't take a brain surgeon to work out that it's not a good idea to climb down into a drain without protective gear or the appropriate vaccinations.
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| Thu Jul 17 2008 8:18pm |
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Bogblaster
Joined: 17 Nov 2005
Location: Gloucestershire
Posts: 177
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Cheers chaps, might sleep a bit better now, but I doubt it.
I still cannot get my head around the fact that the manhole was above waist depth in raw sewage - as one of my employees said today - "ooh, other peoples sweetcorn" What ever type of person jumps into a hole full of $h1t? Dissy 3 HSE TDV6, with all the toys, but no DVD player like the last one, kids well off, JE Chip
A5 3.0l TDI
New Puma 90 in Stornoway Grey, with Winch, Snorkel, BFG's or Kumho KL71's, Intercooler, Bash plate, Old Man Emus, and more being added to every week including a dent.........
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| Thu Jul 17 2008 8:31pm |
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shellshock
Joined: 10 Mar 2008
Location: Chester/Wrexham
Posts: 166
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Bogblaster wrote: What ever type of person jumps into a hole full of $h1t?
Now that could be a complete thread in itself
Sounds like your customer is trying to be opportunistic. As far as I can see you have done everything right and your insurance is likely to put up a robust defence rather than pay him off.
As much as we need our customers its the 0.001% that do this sort of thing making you cynical and then really wondering why you bother.
Sorry to hear this one but if common sense is applied here, this chap is a t ser Over 7000 miles of trouble-free motoring......well almost .....(only two visits to dealer and 3 days without)
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| Thu Jul 17 2008 8:41pm |
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simonsi
Joined: 14 Oct 2007
Location: Leicester
Posts: 684
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...and find a way of letting them know that if they sue and word gets out they will NEVER get another drain cleared by anyone ever again.
No case as far as I can see, you and your operator haven't been negligent. Cheers
Simon
TDV6 S Auto - Zambezi Silver - JE Tune - RRS 19" - Sidesteps - Roof Rails
Body Side Strips - Xenons - Bright Pack - Cold Pack - Premium Stereo
Alpine Roof - Towpack - Alpine Touchscreen Satnav - Veba Rear DVD changer
Alpine Roof Monitor - Webasto FBH Timer - Awesome Brembo Frt & S/C Rr Brakes
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| Thu Jul 17 2008 9:54pm |
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Pelyma
Joined: 06 Jan 2005
Location: Clymping, Sussex
Posts: 4473
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I thought it was rats that you catch lepto off! Around 80% of the elderly dog population has some damage due to lepto, in the main from being near water, is the drain in question big enough that it is likely that there is a rat population. A question I would ask is do they keep horses or other livestock that may use straw or hay for bedding - that is a great place to catch lepto. Good luck. DS3 TDV6 HSE
Silver with Alpacca (old one)
DS3 TDV6 HSE
Silver with Alpacca (new one)
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| Thu Jul 17 2008 10:50pm |
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monkey hanger
Joined: 17 Jan 2008
Location: London
Posts: 246
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Unfortunately I have to delve into holes full of every day! I chopped out an old lady's colon this evening!
I see this kind of clown every now and again too and they are invariably trouble. They know everything already, you're always wrong and when it goes tits up because they've been stupid its your fault not theirs.
You can cure people of their cancer and they will still turn around and sue you for something spurious. "its probably a virus, you'll be right as rain in a few days and if you're playing sport try to favour the other leg"
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| Thu Jul 17 2008 10:56pm |
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DG
Joined: 12 Dec 2005
Location: The Gaff !
Posts: 13725
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Drain cleaning chaps are in the "high risk" group who might aquire it......sadly though, it doesn't seem to account for assholes who jump into drains for the fun of it 
It does seem a fairly rare disease in hugh mans ...lots of info here:
http://www.leptospirosis.org/ Powered by............................
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I've been accused of vulgarity. I say that's bullshit
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| Thu Jul 17 2008 11:00pm |
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