Diesel

So I pay this chippie to jiggle the kitchen cupboards around so as I can gefit a 100cm cooker in in place of the old 60cm one. He does a good job on teh units and I then give him a hand to get the new HEAVY cooker in. He had probably left about 99.8 cm a so it was a struggle and we were heaving and pushing, and then he cut his thumb...and now the solicitor's letter arrives

He alleges I was negligent in keeping pushing when he had turned around to look at my wife as she had just said something!!!!

Now I wouldnt mind so much, but I drove him to hospital (having only just returned from there 3 hours previously after 8 days with my daughter in there...) for some stiches to quite a nasty cut and then finished the job myself whilst still paying him in full. He also later reduced the width of some doors for me whilst 'unable to work through injury' for which I paid him another £100 giving him a cup of tea and sympathy for his cut in our garden when he delivered.

How a carpeneter with over 30yrs experience who took his eye off the ball at a crucial time in a tricky heavy item manouvering situation thinks its MY fault I'll never know, but such an action would be below my dignity and my self-esteem.

Absolutely preposterous and I'll be sure to make sure he declares those earnings to the tax man too whilst fighting the idiot cry-baby money grabbing t1t all the the way.

D

PS Thinking about it afterwards and trying to make sense of it, I remembered he has a glass eye and I put the accident down to his lack of stereoscopic vision. Wonder if Mr No win No Fee knows that...?

DCI Gene Hunt

Tricky one that....

My defence would be:

As he was the expert you contracted to modify the kitchen, including returning the cooker to its new home he (as said expert) was also in charge of the physical movement of the cooker and as such you were taking all directions from him.

Therefore if he became injured as a result of you continuing to push the cooker that's his fault for not telling you when to stop.

Take it right back to basic contract, i.e. he's the subject matter expert / in charge and you're just the client / additional help.

DCI

SlimJ_2005

Surely he should have insurance cover for incidents like this??? If not then he's a bit silly really!

How he can sue someone for something so silly is beyond me, I hate todays sue culture!!

DCI Gene Hunt

What's he suing you under (what legal act)?

Typically he has to prove that:

a) You owed him a duty of care

b) You broke that duty of care

c) Damage or Injury resulted from that breach

Diesel

Where is the common sense guys? It's a bit like chopping onions whilst looking out the window - you may well lop your fingernail off! Do you then blame the onion or the window???? D

Diesel

They have only mentioned 'damages in connection with an accident at work' DCI. D

stevebt

iTrader: (8)

You have provided him with a working enviroment so making a claim against you for a personal injury isn't out of the question also you employed him to alter kitchen units and not move a cooker so I would of thought your gonna have to pay up . I have been curious as to when this sort of sueing would start as I knew it would happen sometime. I would check your house insurance as I'm sure you will be covered by that

jaytc2003

iTrader: (1)

the knife

seriously though check with house insurance,

MMT WRX

Im with DCI on this.

I would expect a Carpenter/kitchen fitter to reinstall the appliances afterwards.

As you have said, 'you gave him a hand to put the new cooker in place' implies he is supervising and you are labouring.

Is he implying that you asked him to help you put the cooker in place?

Scoobychick

iTrader: (1)

These 'No Win, No Fee' types really make me angry Get yourself a bloody good solicitor and watch him or her tear the case apart.

Good luck with fighting it, he doesn't deserve to win a penny

stevebt

iTrader: (8)

What the injured person claims and what the above poster says will be two totally different versions once going for a claim. Basically the chippie got hurt in a workplace!! He could also argue that you never offered any training in moving the cooker !! I think your gonna have to pay no matter how unjust you think it is. I know of bus companies etc being sued for people falling over in the bus while drunk and then recieving a £3k payout. Basically you were his employer?? Just imagine what you would be doing if he had damaged your cooker when you were moving it into place?

BuRR

Stand on with it. He'll be relying on you settling out of court.

gtijames

most home insurance policies have legal cover with them would be worth giving them a ring.after you have got some legal advice shop the useless tosspot to the tax man.

Henrik

iTrader: (5)

I'm not sure if it would count as him being the employer. That's like saying that you're the employer if you take a car to a garage and have someone fix something on it, isn't it?

DCI Gene Hunt

That's right, the was a contract between you... as client and contractor, you were helping him move it, he was in charge as the "controlling mind" you were following his guidance.

DCI G Hunt Esq. Case Closed.... NEXT!

J4CKO

iTrader: (1)

Send him some plasters.

PaulC72

Shocking, he does not really have any chance on this, get advice and fight it out I would imagine a good solicitors letter would end the whole thing.

phil_wrx

iTrader: (2)

are u not responsible for the safety of people on your property, just counter claim saying it was his negligance that led to him being injured and get ur wife to back u up

nixxon

Contract? What has any contract got to do with it? YOU owe him a duty of care, just as he does to you, and just as you and I do to anyone we meet. The issue is as to whether you were negligent in pursueing your duty of care, resulting in his injuries.
Is he sueing you, or your wife? He took his eye off the ball as a result of her saying something wifey, like " ooh, it looks a bit tight" or "mind you don't hurt yourself!"
If he isn't sueing your wife, blame it on her. He cannot then sue her if he fails in his action against you.

zs_phil

iTrader: (1)

you employed a skilled man to do a skilled job and he had to ask someone for a little help(which was you) who isnt skilled in that trade so he is in control of the situation not you ,he should of been looking at what he was doing and where his fingers were instead of eyeing up your misses.

he should have his own insurance ,i cannot see this going any further

LG John

Right on time. What is it....5 or 10 years that UK culture lags behind the americans? Last time I was there they wore their jeans half way down their thighs so we have that to look forward to sometime in 2015.

stevebt

iTrader: (8)

If your hurt in a garage when your car is in for repair even thoguh your not supposed to be in the work area for insurance reasons it still does not stop a claim as it more than like shows negligiance<spelling> on the garages side
As I have already stated moving kitchen appliances was not part of his job description and that is how he got hurt.


I would like to know the ending of this event as I think it will only get worse for more people claims wise as tradesmen get hurt while in peoples homes

Puff The Magic Wagon!

iTrader: (2)

The value of his claim is absolutely minimal IMHO - will see what wifey reckons.

My guess is that your insurers would settle as it would cost them less to deal with

Nate

iTrader: (2)

Go to your local paper also, to blacken his name so that he wont find any work locally.

Who's going to want to take the chance of him claiming, when he is the one doing the job.

Bloody stupid bloke !

nixxon

Maybe it is in fact the Original posters fault, for installing cheap **** with sharp edges. Everyone's keen to slag off the Chippy, yet your wife distracted him, and you gave it some welly, when using your loaf might have been more appropriate.

c_maguire

Bloody hell, they've got Gordon Brown moonlighting as a chippie, things must be worse than they look. Tell him to get stuffed, he's an accident waiting to happen.
Kevin

Spoon

Into the mix that goes then.

Spoon

Diesel, counter sue the womble for sexual harrassment. He was giving your missus the glass eye after all said and done.

PaulC72

Sadly they are already doing that in some parts

nixxon

LOL