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 Post subject: whose Liability ?
PostPosted: Wed Aug 04, 2021 12:58 pm 
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Location: Stamford Britains prettiest town till SKDC ruined it
This morning one of my drivers picked up a short fare off the rank before getting in the passenger handed his shopping to the driver which was placed in the boot area (vauxhall zafira) on the journey the there was a paint can which tipped over and the lid came off pouring it's contents (2.5 litres of exterior paint) all over the fold up seats and carpet area beneath plus some splashed about boot area !

luckily having phoned up the paint manufacturers it is a water based paint so it will clean up (partially) I have told the customer that I expect him to pay for the clean up but he is adamant it was the drivers fault for putting it in the boot not him putting it between his feet in the passenger compartment.

DO I have a case or is the customer right that although his tin of paint caused the damage he is not liable ?

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 Post subject: Re: whose Liability ?
PostPosted: Wed Aug 04, 2021 1:13 pm 
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edders23 wrote:
This morning one of my drivers picked up a short fare off the rank before getting in the passenger handed his shopping to the driver which was placed in the boot area (vauxhall zafira) on the journey the there was a paint can which tipped over and the lid came off pouring it's contents (2.5 litres of exterior paint) all over the fold up seats and carpet area beneath plus some splashed about boot area !

luckily having phoned up the paint manufacturers it is a water based paint so it will clean up (partially) I have told the customer that I expect him to pay for the clean up but he is adamant it was the drivers fault for putting it in the boot not him putting it between his feet in the passenger compartment.

DO I have a case or is the customer right that although his tin of paint caused the damage he is not liable ?



Not sure who's responsible but putting a 2.5lt tin of paint unsecured in the footwell would be a definite no no, if you had an accident that thing would be a danger, your driver did right by putting it in the boot.


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 Post subject: Re: whose Liability ?
PostPosted: Wed Aug 04, 2021 1:23 pm 
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Location: Stamford Britains prettiest town till SKDC ruined it
According to the FSB legal line the customer had a duty to ensure the tin was properly sealed

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 Post subject: Re: whose Liability ?
PostPosted: Wed Aug 04, 2021 7:13 pm 
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edders23 wrote:
According to the FSB legal line the customer had a duty to ensure the tin was properly sealed

I think that's a fair point.

Clearly the driver can't be expected to check every tin of beans etc to see if they are secure, the expectation is the customer has done that, or more importantly should have done that.

Now if the driver has driven like a nutter over speed bumps etc, then it would be fair to put some, if not all, of the blame on him, but if the driver has driven normally then IMO no fault can be put on him.

I suspect many drivers, in this situation, may well have put the empty tin on the customers head. :-$

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 Post subject: Re: whose Liability ?
PostPosted: Fri Aug 06, 2021 11:09 am 
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Location: A City near Birmingham
I cant get fecking lids off with hammer and chisel, who was driving Evil Kennyevil?

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 Post subject: Re: whose Liability ?
PostPosted: Fri Aug 06, 2021 11:18 am 
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wannabeeahack wrote:
I cant get fecking lids off with hammer and chisel, who was driving Evil Kennyevil?



my suspicion is that he got the shop staff to loosen it for him when he bought it

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 Post subject: Re: whose Liability ?
PostPosted: Fri Aug 06, 2021 4:42 pm 
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edders23 wrote:
wannabeeahack wrote:
I cant get fecking lids off with hammer and chisel, who was driving Evil Kennyevil?



my suspicion is that he got the shop staff to loosen it for him when he bought it


Gone are the days when you had 3 little springy retainer clips around the lid of a tin of paint which you had to prize off with a plain screwdriver.


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 Post subject: Re: whose Liability ?
PostPosted: Fri Aug 06, 2021 11:06 pm 
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wannabeeahack wrote:
I cant get fecking lids off with hammer and chisel, who was driving Evil Kennyevil?

=D> =D> =D> :D


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 Post subject: Re: whose Liability ?
PostPosted: Sat Aug 07, 2021 7:02 pm 
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Location: A City near Birmingham
Its the driver who should secure all loads

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