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Old 02-21-2011, 01:34 PM   #21
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There was an article in APC(American Painting Contractor) a few years ago about a painter who got sued over a similar incidence. The contractor in question stored leftover paint at the job site after the completion of the job. The property manager used the leftover paint to paint a walkway leading up to the building. They had a fall claim and the painter was blamed because he did not mark the leftover paint as unsafe for walkways. The painter was sued.

You are responsible, by the way.
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Old 02-21-2011, 02:24 PM   #22
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BM porch and floor oil is slick as eel sheet when its wet without sharkgrip.
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Old 02-21-2011, 07:08 PM   #23
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I'm laying my money on the painter, who if he followed his contract, is not at fault. ESPECIALLY if the store, a paint supplier, supplied the "approved" product.

Anyone can be sued, that's not the issue, it's how the court assesses responsibility.



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Old 02-21-2011, 08:47 PM   #24
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Quote:
Originally Posted by Mopaint View Post
Hi Guys I have been in business 35 years and this has never happened. Some one slipped and fell in Feb 09 on an entrance to an ace hardware store. We painted the floor with the paint that the owner furnished and specified. Two weeks ago I got a summons stated that I as well as the Hardware store were being sued. My insurance company is not taking this lightly they have furnished me and attorney. Does anyone have an opinion on this. The plantiff's stance is we should have used non skid. A lot of customers do not like non skid and this is a covered entrance. It was a freak snow and ice storm the night before that coated the concrete with ice. Non skid would not have helped anyway. This has me in a wad any advice would be appreciated. Mike
A contractor can only be liable for a period of 18 months under the state license law . No action can be brought up after that time has expired . As licensed contractors we are responsible for all work performed up to a period of one year and six mo. You say 2009 ...I think the time for them to take any action has lapsed. This is the law for michigan! I am sorry what state are you in ? Here in Mi, painters have to be licensed by the state, for residential of $600 or more . But not for commercial. In Mi, had this happed and you were not licensed you would have no recourse and could be sued personally. Good Luck !
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Old 02-21-2011, 08:54 PM   #25
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Regardless Mopaint, I hope you keep us posted. The outcome of this could be a great lesson for all of us.
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Old 02-21-2011, 08:55 PM   #26
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Quote:
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It's not the size that counts, it's the way it's used

But when ya got both ...... well, what can I say
Is it true that lock was last erected in the mid 90's?
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Old 02-21-2011, 08:56 PM   #27
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Mike is from Utah, a lawyer in a contract class once told me our state has a 4 year "implied warranty" for defects in workmanship only.
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Old 02-21-2011, 11:44 PM   #28
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Quote:
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Is it true that lock was last erected in the mid 90's?

JEEEEZE, I hope not. I call the doc after only four HOURS



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Old 02-23-2011, 09:08 AM   #29
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Update: I got the estimate for defending me in this case. 30,000.00 dollars. To the individual that commented this was the wrong forum, the name of the forum is marketing and business. If this isn't business then what is. This will effect the bottom line of everyone in this trade. This is a way to make easy money for the people too lazy to make it the old fashioned way. Work. Lucky for me I have insurance. More later. MOPAINT
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Old 02-23-2011, 09:24 AM   #30
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Hope it works out for you Mike. I think Benders comment about the wrong forum only meant that you need to get professional legal advice, not legal advice from professional painters. Keep in touch!
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Old 02-23-2011, 09:35 AM   #31
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Quote:
Originally Posted by RCP View Post
Hope it works out for you Mike. I think Benders comment about the wrong forum only meant that you need to get professional legal advice, not legal advice from professional painters. Keep in touch!
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Old 02-23-2011, 01:41 PM   #32
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I was part of a lawsuit 20 years ago ( i know i know) when a women slipped and fell on a handicap ramp I had painted yellow for a Ground Round restaurant. they had me paint the ramp yellow with a handicap symbol on it. They did not require slip resistant paint but i had the local paint company make me a 5'er with sand or whatever they used in it. When I went to court the restaurant law team was trying to dump the whole deal on me as I was the professional and should have known better until my lawyer presented my invoice for the 5'er and the po number on the invoice said "Ground Round". the good news I was taken out of the loop , the bad news the lawyer cost me $5000.00 you are lucky they are providing the lawyer for you. Good Luck
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