[Jason Hedges]

Cleaned all the carpets yesterday in a terraced house was everything fine until I was packing up outside the front of the property.

The lady of the house came outside to talk and slipped on the tiles in the entrance porch, fell and banged her head on the door frame.

The tiles were not wet but after walking on the cleaned carpets the soles of her (high heeled) shoes must have become wet.

I helped her to her feet and asked if she was ok and she kept insisting she was fine and it wasn't my fault.

She had a 1" cut on the back of her head which I suggested she should have looked at.

I telephoned her today to check she was okay and she was still fine if a little embarrased about the fall.

I have insurance obviously including public liability. Am I to blame for her fall and if so could I be claimed against?

With so many no win no fee solicitors about I'm dreading a letter falling on my mat!

Has anyone had a similar experience and if so what was the outcome?

Any comments welcome,
Jason.

[Dynafoam]

Jason,

A common-sense answer would be that if it had been raining or even slightly foggy, then HER tiles would likely be as slippery.

Your duty is to take reasonable care, warning notices (last thing back on the van) are a minimum requirement. I also carry rubber-backed door mats which I place  on walk-off areas to any potentially slippery surface - a worthwhile investment.

Your phone call was a good move - why not follow up with a bunch of flowers early tomorrow with a short note wishing her well - another worthwhile investment.

People are less likely to sue 'friends'

[rioclean]

Hi Jason

Just remember to treat all your customers as friends and you wont go far wrong, as john said a little present goes along way, people are human treat them right and they will do the same.

Give them a card and i bet they will come back to you.

Regards Dave.

[Jason Hedges]

Thanks John & rioclean,

I will take some flowers round tomorrow with a friendly card (good idea!) and invest in some rubber mats for the future.

Fingers crossed she will be satisfied and hopefully become a regular customer!

Thanks again,
Jason.

[Mike Halliday]

I would'nt do anything more I certainly would'nt go around with flowers, this to me smells off a guilty conscience, which any intelligent person will see as a sign of weakness.

at the moment she might believe the fall was her fault, but start grovelling and she might feel you are in the wrong and then start to think of compansation.

as for 'friends' not sueing each other,  we clean their carpets not pop round for tea :   

they will sue you quicker if they think you're a soft touch

Mike

[stevegunn]

Mike showing compassion again :

[woodman]

I have some sympathy with Mikes view here,

It could be construed as an admission of of some kind of blame.

You rang her, she's fine, leave it at that.IMO

[littlejack]

I can see where Mike is coming from. I think what you have done so far is fine, but you have to balance concern without appearing guilty.

Customers tell friends what has happened, and they could tell her to go to a "No win - No fee" type pest.

The best advice is to trust your own instinct about the customer.

[The Great One]

hi

I am with Mike on this.

If you go round with flowers and cards and asking questions. She might see it as a weakness and an admission of your guilt.

She has said she was fine, sadly she has 3 years to claim against you.

Regards

Martin

[dave401uk]

i am also of the view that giving flowers could be seen as a form of guilt, a polite call,wishing her a speedy recovery is all that is needed,
what ever happened to "we are all resposible for our own actions"
when we were kids(yes a long time ago) if we fell out of a tree,or tripped,we got p and got on with it, we didnt look for someone to blame!!

Just my thoughts

Dave

[stevegunn]

if we fell out of a tree,or tripped,we got p and got on with it, we didnt look for someone to blame!!

Just my thoughts

Dave

Thats the trouble with todays society people are always looking for someone to blame :

[dave401uk]

But it wasnt me

[Len Gribble]

Jason

A phone call should survive, don’t put your neck on a block also keep the high heels so to speak in you back pocket in case of trouble (it may have been the first time she worn them)

Sorry you cant be a true pro you left the carpet damp a pro would have had a min of three turbo’s she would have had trouble climbing over them.

Although I have signs advising of danger, the problem here is the customer knows there home and would probably ignore them, I keep advising them of any danger bit like an old record what got stuck.

Len

[DP]

Hi Jason

I am still in the middle of a similar situation - anyone remember "Truck mount demo gone wrong" anyone who doesn’t its here:  http://www.cleanitup.co.uk/smf/index.php?topic=1883.0 .

The individual in my case did the same, walked across a wet carpet to then slip on a dry hard surface.
 
What I can tell you is that constant communication with her will not make any difference in the event of a claim and sending flowers maybe viewed as a bribe or attempted payoff or an attempt to influence her in seeking her rights.

Sadly, common decency no longer configures in compensation claims and any action you take may bring about or compound a claim.

Unfortunately the incident in itself activates a set of procedures which (just about) denies you any further decisions.

In the event of the possibility of a claim you are expected to contact your insurers and put them on notice (irrespective of what you may think might happen).

 They will ask you for a statement outlining the events that led up to the incident and what you did after. They will then advise you accordingly.

Something to note here is that Insurers can seek to reclaim any part of such a claim directly from YOU if they feel that you have increased their liability unnecessary resulting in actual or higher costs. In a nutshell, they have control, not you.

Sorry to be so gloomy on this but there is no point on sugar coating it. My advice to all is read your insurance policies, don’t just file them, understand your liabilities and what’s expected of you and assume nothing.

Lets hope she doesn’t claim. 

DP