# Being Sued Questions



## P42003 (Jun 15, 2016)

I don't understand how the OP is liable solely because of a contract he was not a party to. I thought the contract mentioned was only between the buyer and the seller, not the installer.


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## slowsol (Aug 27, 2005)

He didn't install per his work order. It said include a seat belt. He didn't. 


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## AustinDB (Sep 11, 2006)

so if his contract states "install seatbelt" and the tub and other items are supplied by the the company he works for, where does the responsibility of the company come into play? 

Does the company send a rep to ensure each tub is properly installed and the client is happy? If so, does that place some of the liability on their shoulders?

If the company has been writing all of their contracts across the board with tubs including seat belts and none of them include seat belts, wouldn't that show fault for the company-bad faith or something in lawyerese?

The installer should have caught the small print for a seatbelt, but if he randomly chose a seatbelt that wasn't the 'approved' seatbelt, then he could once again be liable.


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## slowsol (Aug 27, 2005)

He didn't build what the work order says. It doesn't matter how liable the other company is. All he cares about is his company. And he is having a claim filed against him. And it will likely go through. 


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## DaVinciRemodel (Oct 7, 2009)

With just the brief description we have, my bet is his insurance company is warming their layers up in the bullpen. They will fight this one. Again, just based on the limited info we have. 

They will probably settle for something far short of his liability limit.


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## Irishslave (Jun 20, 2010)

The case could be argued on many points in your favor. First and foremost, is the lack of the seat belt material fact for the fall? Second, the customer accepted the installation and paid for it w/o seatbelt? the customer then assumes liability because they accepted and paid for installation without the foregoing. Third, if the "house" is responsible for supplying any and all appendages or accessories pursuant to the installation it is they who are negligent...not you 

Your insurance company lawyer will no doubt settle this claim or have it dropped based on what interrogatories the plaintiffs council presents...the claim against you is flimsy at best


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## Irishslave (Jun 20, 2010)

Here I'll give you $500 and recommend using brand X soap instead of brand Z soap..Brand Z is not compatible with our acrylic finish and could create a hazardous condition.


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## KAP (Feb 19, 2011)

If an installer installs a grab bar but doesn't have all the bolts because the manufacturer didn't include them but the directions say they are needed and the installer installs it anyway sans the missing bolts, is he off the hook for liability if the person who hired him to install it uses it?

The reason the onus is on us as the installer is we're the experts hired to perform... if we don't do what is laid out on the paperwork as a sub, we're not performing and doing what we were hired to do... we don't escape liability just because "well, I've always done it this way"... I sympathize with the OP considering his interaction with the company that hired him, but the fact was made all the more clear when there was a hand-written note on the paperwork that he saw when he went BACK to review the paperwork in detail... it would be something to easily point to to say that he wasn't attentive to the paperwork... 

Insurance companies will sort it out and unless there are some extenuating circumstances (i.e. - permanent health damage) it won't be above limits IMHO...


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## greg24k (May 19, 2007)

I'm not sure how his setup is with the company, but when I use to install cabinets for a cabinet distributor, we use to do their high end work, they would have a contract with the customer and they would pay me per install.

I get to HO house, the kitchen is there and I install everything what is delivered... sometimes the paperwork will say they get "this", but "this" was never delivered. I call the company and tell them "this" is missing and they will say install everything and our in-house-guys will come and finish this up when we get it and I would let the HO know that "this" item was back-ordered. 
So hypothetically speaking let's say the last cabinet near a wall was missing, and someone climbed under there to sweep or to clean or whatever and HO hits the head on the corner of that other cabinet and gets a few stitches? 

How would that make me "the installer" responsible for her injury or even the distributor for that matter? 

In this case is the same thing. There should be a seatbelt which was never delivered for whatever reason,i.e they forgot, back-ordered or whatever... HO knew there should be one and she knows it's not there, yet she took upon herself to use the tub without it... If anyone here at fault is her.
He is not negligent not negligent for installing something that is not there or wasn't delivered.Period. 
The company is liable,because it is their duty to provide and deliver all the items listed in their agreement between them and the HO.


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## KAP (Feb 19, 2011)

If there wasn't paperwork from the company that included the hand-written note about the seat-belt that the installer had to go BACK to to find that he missed it, IMHO it would all be on the hiring company...

The OP can't tell the HO, it's back-ordered, etc. if he didn't review the paperwork to be able to even make that determination... the order from the company was left undone... 

Another way of looking at it, is if the seatbelt HAD come with the order, but the paperwork had a hand-written note saying NOT to install it and the installer did anyway, should/would he still be paid for installing it and/or would he on the hook for the repair to remove it because he didn't follow the order?


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## jhark123 (Aug 26, 2008)

The bottom line is that the salesdouche promised a seat belt and the company didn't provide it.

Your insurance company and the companies lawyers with decide who's liability that is (unless a possible premium increase is worth hiring your own attorney).

Does the company even have a seatbelt available for that model?


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## J L (Nov 16, 2009)

I'm curious if the seat belt or lack thereof had anything to do with the fall or if the fall happened when entering or exiting the tub.


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## sunkist (Apr 27, 2012)

Have any of you guys even seen a seat belt in a bath tub ?, i'm thinking this is some kind of tub with a door.

But how the hell do you install a seat belt and keep the tub water tight, and what kind of belt is it, lap belt, three point like in your car etc, or a full five point harness from Simpson Racing ? .


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## griz (Nov 26, 2009)

sunkist said:


> Have any of you guys even seen a seat belt in a bath tub ?, i'm thinking this is some kind of tub with a door.
> 
> But how the hell do you install a seat belt and keep the tub water tight, and what kind of belt is it, lap belt, three point like in your car etc, or a full five point harness from Simpson Racing ? .



seat belt in a tub starting to sound like a sex toy....:laughing:


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## TNTRenovate (Aug 19, 2010)

griz said:


> seat belt in a tub starting to sound like a sex toy....:laughing:


at your age you probably need a seatbelt on the chitter. :laughing:


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## griz (Nov 26, 2009)

TNTSERVICES said:


> at your age you probably need a seatbelt on the chitter. :laughing:


dam you.....

i just spit my drink out i was laughing so hard.....

just missed my computer....:laughing:


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## DaVinciRemodel (Oct 7, 2009)

TNTSERVICES said:


> at your age you probably need a seatbelt on the chitter. :laughing:


I’ve got one an all three of mine. I thought it was required at my age.:blink:


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## JFM constr (Jul 26, 2014)

i do not recall being served .i recall getting a certified letter .the lawsuit will pull everyone they can into it . sad but everyone passes it off to someone else.big guys seem to be better at passing it off .
the way i heard it the most responsible party was not insured and they did not go after him -no use . i think if the other's involved were not so interested in pointing fingers it could of ended faster .it cost everyone in the end and the person sueing lost his personal respect .
point is it happens ,you cannot control it no matter how careful you are .you will get through it . it passes .i hope you do not let the stress get to you . the one i was in lasted 2yrs . my insurance company stood behind well . you will be ok


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## JamieAnn (Jul 29, 2017)

If she was that worried about needing a seatbelt, perhaps she shouldn't have used the tub until she had the bathtub company send someone back out to install a seatbelt. Clearly if she asked for a seatbelt then she knew she needed one, and could have asked you why it wasnt installed, and could have seen it wasnt installed and therefor wasnt safe to use... In my opinion that makes it her fault for choosing to use the tub when she knew it didnt have a seatbelt


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## Calidecks (Nov 19, 2011)

In tort law, a "duty of care" is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence.


Mike.
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