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Housekeeper stains carpet

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caatanner

Guest
What is the name of your state? Washington

My housekeeper cleans our home twice a month. She uses our vacuum and vacuumed my entire house, ending with our den. This last visit, while in the den, she vacuumed up a pen and caused blue ink to stain a 3 foot portion of the carpet. We are in the process of hiring carpet cleaners , but may need to replace the whole carpet, not to mention the vacuum. Who is liable for the damage? She claims we are because it is our house and vacuum. We say she is because she is hired to clean and pay attention to what she is cleaning (not vacuuming pens). Please advise before we file a small claims suit.
 


Souix

Senior Member
caatanner said:
What is the name of your state? Washington

My housekeeper cleans our home twice a month. She uses our vacuum and vacuumed my entire house, ending with our den. This last visit, while in the den, she vacuumed up a pen and caused blue ink to stain a 3 foot portion of the carpet. We are in the process of hiring carpet cleaners , but may need to replace the whole carpet, not to mention the vacuum. Who is liable for the damage? She claims we are because it is our house and vacuum. We say she is because she is hired to clean and pay attention to what she is cleaning (not vacuuming pens). Please advise before we file a small claims suit.

**eegads how horrible! I can just picture it too. I hope your housecleaner is licensed and bonded**
 

I AM ALWAYS LIABLE

Senior Member
My response:

That bitch!!

The reality is that you have no case. She was your agent and, as such, you're the one who has to take the "hit" for what your agent does - - providing it wasn't done purposefully. If it was merely negligence, then you are ultimately responsible for any damages caused by your agent.

IAAL
 
P

penni

Guest
where's the love y'all

Are you telling me that you can afford a housekeeper but NOT homeowners insurance???? I doesnt sound like this is anything more then anunfortunate accident......I'm also curious as to where the pen was....half under a couch perhaps??? If she is lic and bonded she should also be insured and will be able to (without going broke) turn it in to her insurance....but my guess is that she isn't insured...my guess is also that you know this , and knew it at the time of hiring her, but she gave you a good rate, and at the time you didnt care. and if that is true than you knew something like this is was a possiblity, after, you did hire a human didn't you????? carpet and a vacuum, these are mere possession people! HELLO......I think "bitch " is a bit harsh!!!! I think any one willing to clean up other peoples, TP and hairy drains for a living should be cut some slack!
 

I AM ALWAYS LIABLE

Senior Member
My response:

Penni, the "bitch" part was tongue-in-cheek. If you understood my response to our writer, I was siding with the cleaning lady based upon my view and opinion of the controlling law.

IAAL
 

Bigfoot

Member
Homeowner's insurance has a deductible and likely wouldn't cover this. The claimant can't justify replacing a whole carpet for a medium size stain, unless the carpet is one of a kind.

Besides, how'd the pen get on the floor?
 

Souix

Senior Member
I AM ALWAYS LIABLE said:
My response:

That bitch!!

The reality is that you have no case. She was your agent and, as such, you're the one who has to take the "hit" for what your agent does - - providing it wasn't done purposefully. If it was merely negligence, then you are ultimately responsible for any damages caused by your agent.

IAAL


***IAAL: Since our OP has not come back, I have a question for you. "What if the housekeeper is employed by a houscleaning company, then would her company be liable for the damages?"
Since the OP has not returned, we don't know the true situation, I am just asking to satisfy my own curiosity***
 
Last edited:

Bigfoot

Member
You're right. We don't have all the info. It's unusual for a housecleaning company to not furnish their own equipment, so it sounds like a private hire for services.

What makes this case interesting is that it could almost be compared to hiring someone to clean your gutters, and they use your tools.

Someone who powerwashes your house uses their own equipment, but your water. If they get scalded, who's at fault?

I can't give you a definitive answer. I'm just convinced that an insurance adjuster wouldn't get in their car on this one.
 

Souix

Senior Member
Bigfoot said:
You're right. We don't have all the info. It's unusual for a housecleaning company to not furnish their own equipment, so it sounds like a private hire for services.

What makes this case interesting is that it could almost be compared to hiring someone to clean your gutters, and they use your tools.

Someone who powerwashes your house uses their own equipment, but your water. If they get scalded, who's at fault?

I can't give you a definitive answer. I'm just convinced that an insurance adjuster wouldn't get in their car on this one.

***Thats ok I meant to address IAAL on that question. I have edited to address IAAL. Thank you anyway:) ***
 

JETX

Senior Member
"What if the housekeeper is employed by a houscleaning company, then would her company be liable for the damages?"
*** Again, still no. This is simply an accident and, unless was done with negligence or malice on the part of the housecleaner, there is no case. The homeowners insurance would step in and as correctly noted by Bigun, probably would not meet the writers deductible (usually 1% of policy).
 

Souix

Senior Member
JETX said:
"What if the housekeeper is employed by a houscleaning company, then would her company be liable for the damages?"
*** Again, still no. This is simply an accident and, unless was done with negligence or malice on the part of the housecleaner, there is no case. The homeowners insurance would step in and as correctly noted by Bigun, probably would not meet the writers deductible (usually 1% of policy).

**Ok thank you**
 

stephenk

Senior Member
I'll bet good money that the housekeeper is an immigrant woman earning $50 or less for the 8 hours she puts in to clean the house that day. No taxes are deducted, no health plan is provided, no social security contributed, and she is paid in cash.
 
C

caatanner

Guest
Thanks to all you who replied to my question constructively. And to the rest of you, just to clear things up, I did pay good money ($100 for 2 hours work), she is licensed and bonded, came with glowing references and I do have homeowners insurance. Not that any of this matters as far as my original question went "Is she liable?"
 

HomeGuru

Senior Member
caatanner said:
Thanks to all you who replied to my question constructively. And to the rest of you, just to clear things up, I did pay good money ($100 for 2 hours work), she is licensed and bonded, came with glowing references and I do have homeowners insurance. Not that any of this matters as far as my original question went "Is she liable?"
**A: no.
 

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