A university student failed to catch drips from a harsh toilet cleaner
after setting it on two of my countertops, ruining both. She'd been given a container for the toilet brush and warned of chemical damages onto rug. She claims she only put the bottle onto counters and saw no drips. Some was even found on the top part
of a toilet seat where my kids may have sat on it. When told about it all on the phone, her only comment was, You're trying to make me feel bad." I only wanted her to know what damage was done and asked if she had insurance (renters or such). She said she'd check into it, but instead she quit the job and told me she considers the matter over that she'd followed directions by not getting any on the rug. (The bottle warns against setting on counters, etc.). Do I have a court case? Should I go small claims or civil? What if after notification of hearing, she's a "No
Show" and possibly has no other job. (She was a bank teller five
years til Dec. 2005).
2006-10-27 10:47:45 · 7 answers · asked by annie 1 in Politics & Government ➔ Law & Ethics
The person hired who was uninsured was paid through State services for my disabled sons who live with us. I am not
employed, just my husband.
2006-10-30 07:12:37 · update #1
Did you hire her? Was there a contract, really to little information to even think of a good answer.
2006-10-27 10:53:58 · answer #1 · answered by IOU101 3 · 1⤊ 1⤋
You should probably refer to your hiring contract.
If you don't have one, you could sue but it is highly unlikely that a judge will find gross negligence in this case.
If your counters are that sensitive (cheap) it would be hard to prove that only that incident was the cause of total ruin.
If you have a fragile environment, then you should either hire insured professionals (which sounds like you were too cheap to do) or do the work yourself.
2006-10-27 10:59:38 · answer #2 · answered by kate 7 · 1⤊ 0⤋
Don't sue the poor girl. Clean your own toilet next time. If you have enough money to pay someone to clean your toilets, it may be time to upgrade to granite countertops anyway.
2006-10-27 10:58:08 · answer #3 · answered by Mussmania 2 · 1⤊ 0⤋
If this is in your house, can you claim this on your home owner's insurance. It is there for situations just as this. Even if you sue her, there is no guarantee she can afford to pay for damages.
2006-10-27 11:04:46 · answer #4 · answered by lyrical 3 · 0⤊ 0⤋
Take her to small claims court. Take pictures of the damages and estimates to repair or replace the damaged materials. If she doesn't show up, she will be found guilty and charges will be assessed against her.
2006-10-27 10:51:34 · answer #5 · answered by notyou311 7 · 1⤊ 1⤋
YOU are the property owner/employer. It is your responsibility to be insured against accidents - not your employee's responsibility to be insured against causing them.
I have no idea if you have a case, but you have no scruples if you pursue it.
2006-10-27 11:01:25 · answer #6 · answered by Anonymous · 1⤊ 0⤋
yes sue her
2006-10-27 10:56:20 · answer #7 · answered by ? 6 · 0⤊ 1⤋