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The Local Gardener
18-03-2011, 07:10 PM
guys girls, what happens when foreign objects hits vehicles whilst bcutting, what are our rights.....

South East Mowing
18-03-2011, 07:23 PM
You have the right to remain silent, and that anything you say will be used against you in court; you have the right to consult with a lawyer and to have the lawyer with you during interrogation, and that, if you are now indigent, a lawyer will be appointed to represent you."

:big grin


guys girls, what happens when foreign objects hits vehicles whilst bcutting, what are our rights.....

Anjaryan
18-03-2011, 08:51 PM
I would expect you would be required to ensure your workplace is safe before commencement of work.

If something you do causes damage you are most likely responsible, ignorance is not a good defence.

Of course they would have to prove that chip was not already there

Christine Wharton
19-03-2011, 12:16 AM
guys girls, what happens when foreign objects hits vehicles whilst bcutting, what are our rights.....

I've heard that insurance companies say deny liability when possible, but if you know that the damage was caused by your brushcutting, that's what insurance is for...
That said, sometimes it's cheaper to get it fixed yourself and write it off as a business expesne...depends on what your excess is for insurance claims

imoww
19-03-2011, 03:22 AM
Dean may help on this one.
That's if you got your public liability insurance through him.

glassngrass
19-03-2011, 06:57 AM
You have the right to remain silent, and that anything you say will be used against you in court; you have the right to consult with a lawyer and to have the lawyer with you during interrogation, and that, if you are now indigent, a lawyer will be appointed to represent you."

:big grin

"indigent" ????

If you mean indiginous - yes, legal aid will come to you.
If you mean indignant - you need to get your own lawyer

Andy B
19-03-2011, 07:55 AM
guys girls, what happens when foreign objects hits vehicles whilst bcutting, what are our rights.....

You have the right to remain silent, if you can get away with it. :D

Unlike criminal law, civil law works on a balance of probabilities which can be a bit loose depending on the magistrate on the day and whether he/she is interested in considering such a trivial case. Is it probable that a object flew from where you were working out onto the road and hit the passer by through and open window, knocking them out on impact and causing them to drive through a fence, a gazebo and a house and coming to rest smashing a $500k ferrari? Well it might be and you'll let your insurance company fight the fight on costs once you pay your excess cause with such big costs at stake the magistrate will be paying attention for sure. On smaller cases that fall under your excess you may choose to deny or accept liability your self, say for a single stone chip or a broken glass but remember it may end up costing more than your excess so don't settle (pay) anything until you know the cost. You've the right to at least one quote that has been assessed by a qualified assessor or more quotes if not assessed. Keep a level head and make as many notes as possible on the day if it's a major incident. Save yourself the time and agro on the little ones and if it's reasonable tell them to get a couple of quotes and send them to you. If it's not reasonable tell them why and make notes in case they come back to you at a later day.

Please note I'm talking generally and anything that may happen to you should be considered on it's own merits, not my generalized dribble. :)

Bluey
19-03-2011, 08:50 AM
"indigent" ????

If you mean indiginous - yes, legal aid will come to you.
If you mean indignant - you need to get your own lawyer

"indiginous" ????


Don't you mean "Indigenous" David in which case yes they will have a QC paid for by the Government and you will have to give up your home, business and family because they will sue the pants off you:law

courty
19-03-2011, 09:04 AM
  Indigent
–adjective
1. lacking food, clothing, and other necessities of life because of poverty; needy; poor; impoverished.
2. Archaic .
a. deficient in what is requisite.
b. destitute (usually followed by of ).
–noun
3. a person who is indigent.

Bluey
19-03-2011, 09:04 AM
Not sure if this helps but I reckon it would if it comes down to an I said he said battle. On my Gopher run sheets I have added a crew comment that allows us to record if any damage is present at the property ie. broken windows

PaulG
19-03-2011, 11:28 AM
Bluey you would have to do those for every job, every day wouldn't you? I guess it wouldn't take long to do and better safe than sorry.

Bluey
19-03-2011, 12:57 PM
Bluey you would have to do those for every job, every day wouldn't you? I guess it wouldn't take long to do and better safe than sorry.

Hi Paul

Yes you do. It is just an entry on the log sheet to say all ok or not ok.

ian
19-03-2011, 05:39 PM
guys girls, what happens when foreign objects hits vehicles whilst bcutting, what are our rights.....

this is a very confusing issue and can have totally different answers the correct answer of course boils down did you hit my car or did i hit yours

South East Mowing
19-03-2011, 05:56 PM
"indigent" ????

If you mean indiginous - yes, legal aid will come to you.
If you mean indignant - you need to get your own lawyer

Yep "indigent" if anyone wants to try to sue me I am definitley that and will let them know before they start to waste their time!!:laughing::laughing:

Cranbourne Lawnmowing
19-03-2011, 07:25 PM
Easy, If its your own car you pay for it, no customer ever will, if its a car driving past denie it ever happened, if its a customers car not my problem, I'm only here to mow the lawn not clean up your rubble.

MikeS
19-03-2011, 07:52 PM
Hit a car the other day as it was driving past it was an almighty thump I just kept my head down and continued, they didn't bother to stop :rolleyes: I would have screamed blue murder! :safety