Broken window, who's at fault????

Discussion in 'Lawn Mowing' started by LAWNS AND MOWER, Jun 9, 2004.

  1. LAWNS AND MOWER

    LAWNS AND MOWER LawnSite Bronze Member
    Posts: 1,129

    Ok here's the set up. Have had this account for a few years. Customer has kids. At first, kids would always leave their toys in the yard. After a few cuts, I had trained the customer to have the yard cleaned up before I arrive. Only a few times since I would have to remind her of stray toys left in the yard. Well, I was mowing yesterday, and ran over a tennis ball. Never saw it. Busted out a window. Who's responsible for replacing it??? And yes I have GL ins, but it's a matter of principle.
     
  2. MikeLT1Z28

    MikeLT1Z28 LawnSite Bronze Member
    Posts: 1,732

    unless it's a gigantic window, don't claim it. probably wouldn't meet your minimum for deductable and would just drive your premiums up. have you discussed it with the customer yet?
     
  3. EagleLandscape

    EagleLandscape LawnSite Platinum Member
    Male, from Garland, Texas
    Posts: 4,347

    I would say you ran over it, so it's your fault. But you might consider some sort of penalty for the customer for not picking up their yard.
     
  4. Lawn-Scapes

    Lawn-Scapes LawnSite Silver Member
    Posts: 2,810

    Ultimately.. you are responsible.
     
  5. LAWNS AND MOWER

    LAWNS AND MOWER LawnSite Bronze Member
    Posts: 1,129

    My policy doesn't have a deductible and my premiums don't go up even if I make a claim.
     
  6. EagleLandscape

    EagleLandscape LawnSite Platinum Member
    Male, from Garland, Texas
    Posts: 4,347

    What kind of insurance company are you using? Sign me up:)
     
  7. LAWNS AND MOWER

    LAWNS AND MOWER LawnSite Bronze Member
    Posts: 1,129

    Maybe so but......try this on for size. Was mowing a commercial property last year. Ran over a steel rod. Bent my shaft and messed up the blades. Turns out a cable company truck cut a turn too sharp, hit the curb and the rod fell out into the yard. So I'm I "ultimately responsible" for this??? The cable company didn't think so. They paid for all damages incurred.
     
  8. MikeLT1Z28

    MikeLT1Z28 LawnSite Bronze Member
    Posts: 1,732

    must not have been an aol/time warner cable company! i don't know, i say both are at fault. maybe you can agree to go half's on it.
     
  9. TLS

    TLS LawnSite Fanatic
    Posts: 7,937

    Try this....

    Ask the customer nicely, if they would mind reporting it to THEIR homeowners ins.

    -OR- If it's a cheap window, and will likely not cost enough to go over their deductable. Just say, While I hit the ball, YOU left it there. Let's go halfers on the window!

    Might work out OK!
     
  10. geogunn

    geogunn LawnSite Gold Member
    from TN
    Posts: 3,010

    my position is you are responsible.

    forget the principle of the matter talk.

    you were mowing. you ran over the tennis ball. your mower shot the tennis ball into the window.

    this is a matter of being large about the issue and taking care of your customer. JMO.

    GEO
     

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