wet paint

when_will_it_end

wasn't sure where to put this

short story is, door to the front of the business had to be painted during business hours as open 7 days a week 12 hours a day it was done very early in the morning, but was still tacky when the doors opened.

customer walked to close to the fully opened door an paint transferred to his coat there were plenty of signs big and readable

customer claims this is a designer coat but its obviously not, offers have been made to dry clean and then replace if it doesn't work

just curious as to what the law says, I have searched and searched but cant really find the answer can any one help? is the company obliged to replace even though clear signs were there

thanks

JReacher1

I don't think your liable at all if it was properly signposted as being wet.

That's why warning signs exist, if they didn't cover the business's responsible then people wouldn't bother with them!

neilmcl

At the end of the day you have to act reasonably. If, as you say, there were plenty of clearly visible signs and the entrance to your building was wide enough for someone to enter without brushing against the doors, bearing mind that you may get a number of customers entering and leaving at the same time, then you're probably not liable.

Having said that there is the customer goodwill issue to think of too. Personally, I think you've done the right thing here.

when_will_it_end

thanks for the replies, the paint used was oil based so I am thinking it may be more difficult to remove?

the customer claims it is a 900 pound coat its clearly not as there are no tags on the inside of the coat to authenticate it or even to match with the logo on the front, this is where I think the major issue will arise

he claims he took the coat to a dry cleaners an they refused to clean it as it will brake there machine surely hundreds of people do this every day?

going to contact some dry cleaners tomorrow, if it is true what is reasonable compensation for a fake coat?

MothballsWallet

Doesn't the customer have to provide proof that their coat is a designer brand and cost £900?

I wish I could afford to buy £900 clothing, but I'm just an underpaid, overworked button monkey

Fosterdog

If you say the customer walked too close to the door it suggests the doorway was wide enough for him to have walked through without getting too close. Which also suggests some sort of cordon or barrier could have been put in place to make sure nobody went near the door, even it it was only an inch or two from the door it would have made sure nobody could get that close.

He does deserve his jacket fixed or replaced but if as you say he is claiming it's and expensive designer jacket and it's not then he is being unreasonable. Has anyone actually seen the jacket? Do you know what brand it is and has anyone priced up a replacement?

when_will_it_end

thanks I see your point fosterdog, maybe a cordon could have been placed in hindsight, there really were enough wet paint notices up all over the shop front.

900 hundred pounds would be about right for a replacement IF the coat was as the logo says, its the type of customer though that couldn't/wouldn't produce a receipt, its true worth is probably in the region of 25 pounds of the market! if that.

unholyangel

Fosterdog wrote: »

If you say the customer walked too close to the door it suggests the doorway was wide enough for him to have walked through without getting too close. Which also suggests some sort of cordon or barrier could have been put in place to make sure nobody went near the door, even it it was only an inch or two from the door it would have made sure nobody could get that close.

He does deserve his jacket fixed or replaced but if as you say he is claiming it's and expensive designer jacket and it's not then he is being unreasonable. Has anyone actually seen the jacket? Do you know what brand it is and has anyone priced up a replacement?

You'd have to place a barrier that was approximately 5 foot high and solid all the way down (as opposed to just a rope/cord) otherwise arms and legs would be likely to hit the sides.

But if there was adequate signage up and dozens of other customers managed to get through without getting paint on them, it suggests the fault lies with the customer rather than the business not taking appropriate care.

OP have you contacted your insurance company and asked them about this? They should be able to tell you if the precautions you took are enough to discharge your company from any liability arising from the situation.

yangptangkipperbang

when_will_it_end wrote: »

the customer claims it is a 900 pound coat its clearly not as there are no tags on the inside of the coat to authenticate it or even to match with the logo on the front, this is where I think the major issue will arise

As you say ................a fake - from ebay !

hollydays

It also depends how clear the signs were. A local supermarket had contractors painting outside and they laid hand written signs down flat on the pavement, I saw several people brush against the painted ares without even noticing the signs.

ThumbRemote

Legally you have a "duty of care", Whether you fulfilled that duty is dependent on whether you put up adequate signage. If the passer by saw the signage but was clumsy and got paint on them, it's their problem (strictly in this case you could actually claim against them for damage to the paint). If the signs were inadequate so they didn't see them, then you may have breached that duty.

I presume it's too late now to take photos? They would be a good defence.