Independent LawnMowing Contractors Of Australia Forum
Page 2 of 2 FirstFirst 12
Results 16 to 27 of 27

Thread: Took Responsibility for Damage

  1. #16
    Senior Member glassngrass's Avatar
    Join Date
    Apr 2007
    Location
    Whittlesea, Vic
    Posts
    1,419

    Default Re: Took Responsibility for Damage

    Hi guys.

    Some good thoughts posted on this thread
    1/ Inspect for damaged windows and advise customer before starting mower good idea,
    2/ Inspect lawn for possible projectiles-be SEEN to be careful

    These are important steps, esp with rentals and new customers

    and finally
    3/ (as recommended by Lawn Order) - the customer/hirerer shares a duty of care to ensure a safe working area. I personally advise my customers that I am contracted to mow their lawn, not scour it for and nuts, rocks, toys, dog bones, etc, that may become projectiles, so whilst all care is taken, responsibilty will not be accepted for damage caused by same. Of course I am vigilant and watch for hazards-removing any if seen. I advise my customer that I attend on the basis that the lawn is kept clear of hazards in anticipation of my return, and that any damage caused to my mower, or injury to myself as a result of their neglect in this regards, will be billed to them.
    Just yesterday the mower hit a rusty old bolt (heavy) concealed in the lawn which damaged the blades. Cost of blades plus downtime (20 mins) billed to customer. I am confident they will be more diligent clearing their lawn in future.
    The safety aspect should not be underestimated. What if that bolt that was left lying around had catapulted through the catcher (there goes another $100 buckaroos), or worse, shattered a leg bone? That could mean shut shop til next season. How do you put a cost on that???
    Yes, we need to educate our customers that they too share a duty of care, and that our machinery and safety can be at risk, not just there precious windows.
    On a slightly different angle-I have needed to educate some that mowing their lawn is not a substitue for cleaning up after the family dog. In the dry the poo pulverises and gets breathed in - it tastes...well...**** ! In the cooler months it can stick to the insides of the catcher and adds to the grass puree that can accululate under the mower, needing scraping out by hand. Then I have to handle it all again when unloading the trailer of clippings.
    Anybody else found this?
    David

  2. #17
    Member of forum Sandgroper's Avatar
    Join Date
    Sep 2007
    Location
    hutt river province
    Posts
    644

    Default Re: Took Responsibility for Damage

    I have heard dog poo can cause cancer, its the bone fragments that can lodge in your lungs etc.

    Good points about the customers having a duty of care to make sure the yard is free of projectiles, the average lawnie will put a bolt/rock through a window then blame himself and pay for the damage.

  3. #18
    tomartomau
    Guest

    Default Re: Took Responsibility for Damage

    Thank you for the input and advice, it was greatly appreciated.

    I have decided to write up a disclaimer 'just in case' and I will run the wording of it by my uncle who is a magistrate.

    I hope that he will advise me if the waiver/disclaimer is legally binding.

    Again many thanks for your support

    Tony

  4. #19
    Senior Member glassngrass's Avatar
    Join Date
    Apr 2007
    Location
    Whittlesea, Vic
    Posts
    1,419

    Default Re: Took Responsibility for Damage

    Tony

    Perhaps a formal disclaimer might be a little bit overkill. Although professionals, we operate a very 'informal' kind of enterprise and want to build a raport with our customers based on trust - I can't see old Mrs Jones signing one!) Commercial contracts might expect us to carry some liability/risk, but then we can (and should) be able to charge a premium for this (there is a reason we carry liability insurance!) I'm no expert, but expect that even if the customer signed an indemnity/waiver, that it wouldn't be binding - because we ALL SHARE responsibity for safety. I suggest, however, that verbally outlining our position to domestic customers early will likely offer us some good protection.

    David

  5. #20
    Senior Member glassngrass's Avatar
    Join Date
    Apr 2007
    Location
    Whittlesea, Vic
    Posts
    1,419

    Default Re: Took Responsibility for Damage

    Tony

    Would love to see a copy of your disclaimer when ready!

    David

  6. #21
    tomartomau
    Guest

    Default Re: Took Responsibility for Damage

    I have Public Liability Insurance however the excess is $500.00.

    From what I have been told by my insurance broker the insurance is really for damage to person and large scale damage.

    Tony

  7. #22
    tomartomau
    Guest

    Default Re: Took Responsibility for Damage

    Sorry Guys the disclaimer is not something that is signed but rather placed in their letterbox prior to mowing.

    The disclaimer is based on the member's "Glass and Grass" comments and I ran this past the uncle.

    I agree I did not want to create any unwanted anxiety or tension between myself and the customer so I think that this strikes the right balance.

    As for being legally binding my uncle is not sure... depends on circumstances but i get the sense that in the event of minor damage such as windows etc the parties would be encouraged to both accept some responsibility.


    Again thanks "glassandgrass" for your comments as it formed largely the 'disclaimer'


    Important Notice to Customers


    To the Customer/Owner or Occupier,

    Ensure that the property is free from projectiles such as rocks, dog bones, tree nuts, nuts and bolts and other potentially dangerous objects that are may become projectiles. Whilst all care is taken, responsibility will not be accepted for loss or damage of any kind caused by same to property.


    Kind Regards

    Tony Vader

  8. #23
    Senior Member lawn order's Avatar
    Join Date
    Mar 2007
    Location
    3225
    Posts
    269

    Default Re: Took Responsibility for Damage

    Good – the subject of dog turds has, again, been dropped in our lap.
    Dog**** is a problem.
    Wet is a bigger and more nauseas challenge than the desiccated variety.
    The properties that I tend all have dogs with hermetically sealed arseholes.
    The barkers eggs are from itinerate canine rectums.
    Try this.
    “ When I pick up the stray dog droppings is it alright to put the plastic bag in your bin – or would you prefer me to take it away ?
    This naturally includes the feral wolf that has jumped the 2 meter fence just to crap in their back yard.
    “It’s not Benjy’s He’s toilet trained.
    A problem solved is a dollar earned.
    My customers don’t like turds and reward with good wine when it is absent.
    If they can make a profit selling PAL in cans, we can profit from Pal on lawns.

  9. #24
    tomartomau
    Guest

    Default Re: Took Responsibility for Damage

    Here is the legal waiver that is being used.

    Important Notice to Customers

    To the Customer/Owner or Occupier,
    Ensure that the property is free from projectiles such as rocks, dog bones, tree nuts, nuts and bolts and other potentially dangerous objects that may become projectiles. Whilst all care is taken, responsibility will not be accepted for loss or damage of any kind caused by same to property.
    Should the foregoing clause be or any part there of be unenforceable then it is expressively agreed that proven liability or any loss or damage of any kind shall not exceed in total $50.00 of any one event.


    Kind Regards
    Tony


    Notice that the second paragraph seems like a contradiction but I was encorouged to put it in IF liability was proven (in a court) then it is seen better by the court that I was willing to share in some of the cost rather than trying to avoid all liability.


    Regards Tony

  10. #25
    Senior Member geoff's Avatar
    Join Date
    Oct 2007
    Location
    Clyde
    Posts
    3,528

    Default Re: Took Responsibility for Damage

    tomartomau good post ... is the advice from a legal and has it been tested ? if so sounds like a great clause as over 20 years i have paid my fair share of excess from insurance polices

  11. #26
    Senior Member gjs's Avatar
    Join Date
    Feb 2007
    Location
    Brisbane
    Posts
    117

    Thumbs up Re: Took Responsibility for Damage

    Thx for the info Tony
    I just had a client try and hit me up for a rear car window
    Problem was the car was not there at the time , I always check for existing damage around property , car was not there nor was client .
    when ask if I had insurance cover I said no do to the fact I smelt a RAT and I knew the car was not there.I was then told not to worry about it as I was not to know there where rocks hidden in the grass . So to all lawnies as mentioned before be carefull of your surroundings if too much debris is present do not do the job it is not worth it excess of $500 per claim can wipeout a hard days work .

    AGAIN THX Tony and all that started this post we work hard for our money do not want to give it away.
    Garry

  12. #27
    Senior Member glassngrass's Avatar
    Join Date
    Apr 2007
    Location
    Whittlesea, Vic
    Posts
    1,419

    Default Victory over scum tenant

    Had issues with dog poo and potential missiles at a block of units i tend. The tenant claimed I broke their window.
    It's a bit lengthy, but members might appreciate the following.

    My email to Real Estate agent -"Back when ....was Body Corp Secretary, I related the unsightly and disgusting state of the yard at the end unit. I was compelled to move hoses, toys, bones, tent pegs, tools, abandoned cutlery, etc and all manner of potential projectiles before mowing. The tenant here also did not clean up after his dog. I regularly needed to scrape the dog poo from my boots before getting back in the vehicle. After enduring this for some time, I complained that I am here to mow, not tidy their yard and clean up after their dog, and that if some reasonable effort wasn't made by the tenant then I would overlook their yard when mowing. Secretary related that after speaking with the owner of this unit, that the owner seemed to care about as much as the tenant!

    I asked the tenant (gently) on a few occasions to keep the yard clear for safety reasons. Some time ago when mowing, when the mower was once again wheeled over a dried dog ****, releasing a cloud of desiccated poo (as regularly occurs), I drew the tenant's attention to the cloud that I was breathing in (and tastes like what it is!) and pointed to the cloud moving over the clean washing hanging on the line and in thru their open window. I also related that I am getting tired of scraping the mess out of my boots just because he makes no effort to clean his yard. I advised that if he wouldn't make some reasonable effort to clean up then I would overlook his yard when mowing. The tenant acknowledged that this would be "Fair enough!" (Agent also agreed that this would be the best course to take.) For about the last six (?) months I have inspected his yard at each and every visit with a view to mowing, but as there has been no improvement, I have not mowed here. I simply could not have broke his windows mowing last week, because I did not mow here!

    If this end unit is the same unit where the tenant is complaining, then I am also puzzled that whilst he took the time to converse with me as I was cleaning up from gutter cleaning yet he didn't mention his windows at that time.

    It would be good to clarify this. Each and every tenant/owner has an legal responsibility to ensure a safe environment for contractors, visitors and other tenants. Biohazards (excessive amounts of dog poo which you wouldn't want to breath in and have to taste, or scrape from your boots), tripping hazards (including holes dug by dog), and abundance of toys/tools/bones and anything else hidden in the grass that might become a dangerous projectile, introduce danger - a simple job of mowing a lawn becomes a real risk to health. Consider - objects as small as a toy car could be projected by a mower with such force that it can smash through a plastic catcher and shatter a leg! Seems some tenants are more concerned with getting a window that they themselves broke, fixed by somebody else!

    I mention this to most of my new clients, so it would be good at this point to document this disclaimer/waiver.

    All care is taken to work in a safe and responsible manner. The owners/tenants warrant the lawns are free hazards and potential hazards. Any OBSERVED foreign objects will be removed from the lawn to prevent them becoming projectiles when mowing, but when I tend your property I am NOT there to cleanup the yard, this is not what I quoted on. NO responsibility will be accepted if a foreign object DID become a projectile. In the event an object does become a projectile and a claim was accepted, a limit of $50-00 applies to each claim.

    Having said that, I carry $10 million public liability just in case things did go horribly wrong, and I won't shirk responsibility if I 'mess up'. However, due to care and diligence, I am proud that in four years of operations I have never had any sort of claim, let along suggestions I broke a window. This is the first!

    Additionally, if due to negligence by the tenant and/or owner I am injured or my equipment is damaged, all expenses and costs associated with repairs, replacements, medical expenses and downtime will with be borne by the customer.

    Likely you will agree that leaving the end unit well alone is the wisest course at this stage."

    New secretary replied - "Thank you for your note David, I am sorry that this is causing grief. I have asked our Agent to get the windows fixed (I will claim through the body corporate insurance) and to write to the tenants to get them to clean up especially in respect of the dog otherwise the dog will have to go. I do not expect you to work under those conditions so please do not do any work around unit 5 until you are satisfied that it is reasonable to do so."
    David
    Mr Sparkle Car Spa

Page 2 of 2 FirstFirst 12

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •