Wednesday, June 2, 2010

Protecting Yourself Before the Lawsuit




Service techs often ask how they can protect themselves before their customer makes a claim. Although it is difficult to defend a tech for damages he actually created, the following methods can provide a real ammunition for damages caused by another:

(1) Keep a log including your weekly readings for sanitizer, pH, total alkalinity and calcium hardness. Your log will provide a valuable defense for claims that improper water chemistry resulted in plaster and equipment damage, as well as for claims that an inadequate level of sanitizer caused an illness;

(2) Make a sketch of every new pool you take on account. The drawing should include areas of the pool displaying existing etching or stained plaster, delamination and/or calcification. This drawing should be dated and signed by your customer. You will be glad to have this drawing if your customer later decides to blame you for the damage.

(3) Have a written service agreement with each customer outlining the frequency of service and what you will be providing. Items outside of routine maintenance, such as filter cleaning and heater maintenance should be listed as excluded services.

(4) Never fill water without leaving your truck keys on the hose bib. Water claims often exceed $10,000, and in some cases are over $100,000. You won't have an overfill claim if you follow this rule.

Your likelihood of success in a dispute will be far increased by following these few simple techniques.






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