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Old 11-09-2012, 11:18 PM
txirrigation txirrigation is offline
LawnSite Senior Member
Join Date: Aug 2010
Location: Texas
Posts: 965
Originally Posted by bcg View Post
McDonald's lost that case because they made a decision at the management level to keep their coffee at a temperature that they knew would cause 3rd degree burns in order to minimize the number of free refills customers got. There were internal memos that identified the potential for someone to be seriously injured long before the woman actually was and they chose to continue the practice, that is willful negligence and they deserved to lose.

I don't know the details on the mower case.

If I fill out a T&M and leave it with the valve for a final inspection by the purveyor then I'm covered. If it was good enough for the purveyor, then it's good enough. In order to win a civil case they'd have to prove that the irrigation system contaminated the water and there would be no criminal liability in the hypothetical you described unless they could prove that you faked the report. It's innocent until proven guilty, not the other way around so you don't need to prove you did it, they need to prove you didn't.
2 months ago I got sued because a lady was texting and rear ended one of my install trucks.

I won the case, but it cost me almost 10k in lawyer fees. Doesn't matter if your right or wrong, fact is, they see a "big company," and they are going to take a shot at it.

The lawyer looked up my tax records, and found out how much I make. He also looked up all the property and trucks I own outright, I guess he figured he could get his hands on it. I tried to get my attorney fees back, but the lady is broke, no chance, and I will waste more money trying to get it.

Fact is this:

I find a little bit of stress relief in thinking that one day it will save my tail. So I will continue to pay $45 a system for piece of mind.
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