Melissa1128
Member
STATE OF OCCURRENCE: OHIO.
So the following paragraph(s) was my statement of the alleged damage caused at the residence of the customer who I was Sub-Contracted to provide a service.
Upon arrival at the residence, we noticed that the driveway was filled and covered with ice. This driveway is a long winding driveway that has edge markers for the snowplow. However, in the turnaround area where the alleged damage took place, there are zero markers to identify any electrical boxes or any other type of areas that may be vulnerable to the potential damage that can be created by a vehicle. Furthermore, the customer was notified 30-40 mins prior to our arrival for the service call. The homeowner should have taken the proper steps to receive us at his residence by making sure that one, the driveway was safe and accessible for us to enter, and two, he should have made sure that all hazardous areas, or areas that were snow-covered which could receive damage from a vehicle, be fully marked and visible for anyone operating a motor vehicle could see. The homeowner came out of the home waving his arms after we had made the turn in the driveway. I parked the truck and got out. He said that we hit his “electrical lines’ which weren’t visible to me at all from the moving truck. I then replied to him,” you did know we were coming correct? Because your driveway is very icy” If he is unpleased in any fashion we do apologize but it is the homeowner's responsibility to make sure that we as service providers can enter and exit his property fully without causing unforeseen damage to snow-covered areas. Meaning, the areas in question should have been properly marked, or he should have met us in the driveway upon our arrival to tell/show us where those locations may be.
The client is asking that I pay for any damages caused to low-voltage wiring & an electrical outlet that was in a snow-covered area, which was not marked by any cones, snowplow edge markers, or caution tape. Furthermore, when we were almost parked, was when he came out waving his arms in a "stop" type of fashion. I thought he was thinking we were going to leave the property, but in actuality, we were putting the truck in park.
after we completed the service, he joked with us about his dogs barking, and about the ever-changing weather as we walked out of the home. He did not in any fashion ask us to re-visit the area where the alleged damage took place so that we could examine it before we left. He also had a visitor from Pennsylvania (parked car with out-of-state plates), and he also seemingly uses a snowplow service due to the edge markers in the driveway. This driveway is gravel and it's a winding downhill driveway that is about 300' long.
Since all, we observed together were about 3' of electrical lines that were embedded in snow, and none of the other reported damage was noted at the time, am I liable for the repairs for any components that were snow-covered in an area that was not marked at all for a motorist to see, and to visually notify that motorist to use proper care while moving past that area? I was not negligent in my speed as we were traveling about 5MPH, and the caution that I did exercise would be that of any other human being who drives the same vehicle daily, and who would be in that same situation.
So the following paragraph(s) was my statement of the alleged damage caused at the residence of the customer who I was Sub-Contracted to provide a service.
Upon arrival at the residence, we noticed that the driveway was filled and covered with ice. This driveway is a long winding driveway that has edge markers for the snowplow. However, in the turnaround area where the alleged damage took place, there are zero markers to identify any electrical boxes or any other type of areas that may be vulnerable to the potential damage that can be created by a vehicle. Furthermore, the customer was notified 30-40 mins prior to our arrival for the service call. The homeowner should have taken the proper steps to receive us at his residence by making sure that one, the driveway was safe and accessible for us to enter, and two, he should have made sure that all hazardous areas, or areas that were snow-covered which could receive damage from a vehicle, be fully marked and visible for anyone operating a motor vehicle could see. The homeowner came out of the home waving his arms after we had made the turn in the driveway. I parked the truck and got out. He said that we hit his “electrical lines’ which weren’t visible to me at all from the moving truck. I then replied to him,” you did know we were coming correct? Because your driveway is very icy” If he is unpleased in any fashion we do apologize but it is the homeowner's responsibility to make sure that we as service providers can enter and exit his property fully without causing unforeseen damage to snow-covered areas. Meaning, the areas in question should have been properly marked, or he should have met us in the driveway upon our arrival to tell/show us where those locations may be.
The client is asking that I pay for any damages caused to low-voltage wiring & an electrical outlet that was in a snow-covered area, which was not marked by any cones, snowplow edge markers, or caution tape. Furthermore, when we were almost parked, was when he came out waving his arms in a "stop" type of fashion. I thought he was thinking we were going to leave the property, but in actuality, we were putting the truck in park.
after we completed the service, he joked with us about his dogs barking, and about the ever-changing weather as we walked out of the home. He did not in any fashion ask us to re-visit the area where the alleged damage took place so that we could examine it before we left. He also had a visitor from Pennsylvania (parked car with out-of-state plates), and he also seemingly uses a snowplow service due to the edge markers in the driveway. This driveway is gravel and it's a winding downhill driveway that is about 300' long.
Since all, we observed together were about 3' of electrical lines that were embedded in snow, and none of the other reported damage was noted at the time, am I liable for the repairs for any components that were snow-covered in an area that was not marked at all for a motorist to see, and to visually notify that motorist to use proper care while moving past that area? I was not negligent in my speed as we were traveling about 5MPH, and the caution that I did exercise would be that of any other human being who drives the same vehicle daily, and who would be in that same situation.
