Tiler tom, there is a difference between the the workmen turning on the light and causing the damage after they had been told not to, and the customers own family, so it would be helpful if you stopped bending what I have said.
So according to Fekin the Tiler having been told ot the potential damage to the chandalier should have told the rest of the workforce or put down the trowel and undertaken an electricians job and isolated himself !
No I do not expect a tiler to do an electricians job, but with the sounds of it you'd expect a totally unqualified customer to do so then ?
We all know that unlimetly the customers should have done more to protect their light, but they didn't, but they did inform a member of the companies workforce that was there in their home.
When you are working for a company, you are basically an extension of that company, you a representative of that company in someones home, so once a customer has told a member of a company something, they have basically told the company not to do something, and I believe the blame would ultimately lay with the company in law.
So, Tiler tom, if it had been the tiler that the customer had told not to use the light that had forgotton the next day and he turned the light on, would that still have been the customers fault ?
If I had been the tiler working for the company and I had been told "don't turn this light on cos it'll burn the house down if you do", the first thing that would have gone through my mind was "well there's 5 of us here so I'd better tell everyone not to use it, and stick up the switch so no accidents can happen".
Im not just saying that, it's down right common sense, and being paid to do a job by a company is also to use your common sense in every aspect while you are working on site, to eliminate as many forms of risk as possible if you are aware they exsist, and on a health and saftey aspect of it, every workman on site should have seen this risk and took the propper steps to eliminate that risk, after all, they had been there one full day as it was, so for the risk to still be there on day 2 after they we're told about it is negligent of risk assement.
That's what you pay people that work for you to do, and cannot shift the blame onto the customer.
I come from a very health and safety oriented industary, and if this accident had happened on that site, that someone was made aware of the risk and took no steps to eliminate it, they would have either been
disciplined or removed from site, no question.
The real question that should be asked here, was why did the tiler say nothing once the customer had told him.
There isn't an excuse on the tilers behalf.
The only way they could try and get out of being liable would be to say the customer had not informed anyone of the risk, but depending on how visible the risk was, that still might not be enough in law to get out of.
Im sorry of you don't like it, but from a legal point of view the customer will most probably win, unless they lie and say the customer said nothing.
Telling the customer to swivel in court isn't going to do a damn thing :lol: , even though you might feel like that.
