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Liability #200726
04/16/11 07:29 PM
04/16/11 07:29 PM
Obsaleet  Offline OP
Member
Joined: Apr 2003
Posts: 362
Pa
I was reading a post about the field changes and they mentioned working at the box store. And that got me thinking about the liability of giving advice, there and in my own day to day. Are we liable if Johnny Q does what he thought he heard me say and hurts his self?


Ob


Choose your customers, don't let them choose you.
Business, Office, Estimating, Legal:
Re: Liability [Re: Obsaleet] #200727
04/16/11 10:59 PM
04/16/11 10:59 PM
renosteinke  Offline
Cat Servant
Member
Joined: Jan 2005
Posts: 5,316
Blue Collar Country
You're liable for what you say.
You're liable for what you don't say.
Even a completely baseless assertion can bankrupt you as you act to defend yourself.

All you can do is to use your best judgement, and trust to fate.

Re: Liability [Re: Obsaleet] #200728
04/16/11 11:06 PM
04/16/11 11:06 PM
G
gfretwell  Offline

Member
Joined: Jul 2004
Posts: 9,252
Estero,Fl,usa
If you find yourself in that position preface everything you say with "I am just a store clerk" and do not represent anything you say as an official recommendation from a licensed professional. They are not paying you enough for that.


Greg Fretwell
Re: Liability [Re: Obsaleet] #200765
04/18/11 11:02 AM
04/18/11 11:02 AM
HotLine1  Offline

Member
Joined: Apr 2002
Posts: 6,997
Brick, NJ USA
Or, use the 'smile and nod' response. Even a famed 'Jersey Lawyer' can't get ya for that!



John
Re: Liability [Re: Obsaleet] #200873
04/23/11 10:40 PM
04/23/11 10:40 PM
L
LK  Offline
Member
Joined: Jan 2003
Posts: 1,429
New Jersey
Avoid any verbal or written advice even if you have professional liability insurance there are ways to present a proposal or contract, but that usually requires it to be reviewed by an attorney.

Re: Liability [Re: Obsaleet] #200878
04/24/11 10:40 AM
04/24/11 10:40 AM
G
ghost307  Offline
Member
Joined: May 2005
Posts: 947
Chicago Illinois USA
If I'm dealing with someone in the Trades, I try to stay out of court by making them fill in the details of an idea.
I don't say "connect those terminals together" I say "Have you thought about jumpering the terminals?"
Instead of "you need some shoring in that excavation" I ask "shouldn't there be some kind of suppport on the wall of that hole?"
It's not perfect, but it makes it a whole lot harder for a lawyer to win.

As to someone who's totally clueless (think 'Renovation Realities' on TV); I either do the job for them or tell them that it would be faster/cheaper to just hire someone to do the work.


Ghost307

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