Do you put up CAUTION signs during an inspection ever?

[Joseph A. Ferry]

I would love to see the Complaint in this lawsuit. What's the theory of liability?

The home owner has absolutely no culpability. And there is a considerable - possibly dispositive - level of comparative negligence here.

[Nick Gromicko]

I would love to see the Complaint in this lawsuit. What's the theory of liability?

The home owner has absolutely no culpability. And there is a considerable - possibly dispositive - level of comparative negligence here.

http://www.nachi.org/documents/stern-vs-clark.pdf

I thought comparative negligence splits (according to responsibility) the damages in cases of bodily injury. No?

[Joseph A. Ferry]

Originally Posted by gromicko

http://www.nachi.org/documents/stern-vs-clark.pdf

I thought comparative negligence splits (according to responsibility) the damages in cases of bodily injury. No?

That is correct. If the plaintiff's negligence equals [in some states] or exceeds [in others] the defendant's, he may lose.

I think that this plaintiff will get a verdict in his favor, if the case is tried. Which it won't be.

After a lengthy and costly Kabuki dance, the case will settle on terms disagreeable to both parties.

The curricula vitae of these experts really provide a cornucopia of cross-examination material.

From an academic standpoint, I would like to see this case tried - by attorneys who actually know how to try a case - and then have the trial transcript available for dissection.

It's not a walk in the park for the plaintiff but he will probably win something.

[Billy Boerner]

In plain english I do believe Joe is saying we all need to start guarding our open man holes. No?

[Billy Boerner]

Originally Posted by klott

i hate to be one, but all of this talk about falling twenty feet into a crawlspace does not make sense.I always thought they were called basements! Or would that be a 2 story crawlspace?

LOL

[Christopher Currins]

Originally Posted by bboerner

In plain english I do believe Joe is saying we all need to start guarding our open man holes. No?

Or just don't let anyone that is not your client that has signed an inspection agreement which has wording similar as...

"CLIENT understands there is a substantial risk of injury arising out of client participation in any inspection and assumes all risk of client’s personal injury, death or property damage arising out of inspection",


especially a lawyer, as in this case, walk around the property why you are inspecting it.

[Nick Gromicko]

Billy writes:

"CLIENT understands there is a substantial risk of injury arising out of client participation in any inspection and assumes all risk of client’s personal injury, death or property damage arising out of inspection",

That sentence in your agreement won't help.

... because the question at hand isn't whether or not the client understands that there is a risk in participating in an inspection...

.... the question is... was the inspector negligent in increasing that risk by creating what essentially amounts to a human trap?

I predict that this whole case, if tried, will boil down to lighting.

[Marcel R. Cyr]

I agree Nick.
Inspectors are advised and encouraged to institute and maintain in their occupation as Home Inspectors, a program which provides systematic policies, procedures, and practices that are adequate to recognize and protect their clients and general public from any occupational safety and health hazards.
If an inspector has created the hazard, he is liable due to the negligence on his part to recognize the the hazard imposed to others.
Just my take on it.

[Wayne B. Wilson]

While fellows i am starting to think we need to have a bumper strapped to our arse's with keep back 50 feet. The other day i had a panel cover off and bent down to pick up something . The buyer was just about to put his finger into you guess it in by the main.
grabbed his hand and said wow don't do that . so maybe carrying a hazard sign is not a bad idea. or orange shorts with keep back 50 feet of course a NACHI patch. As long there is someone willing to take a case to sue someone we be in the lime light. Ambulance chasers will always be out there

[Marcel R. Cyr]

I like the part about the shorts Wayne.

[Kevin M. Leonard]

Originally Posted by wwilson3

While fellows i am starting to think we need to have a bumper strapped to our arse's with keep back 50 feet. The other day i had a panel cover off and bent down to pick up something . The buyer was just about to put his finger into you guess it in by the main.
grabbed his hand and said wow don't do that . so maybe carrying a hazard sign is not a bad idea. or orange shorts with keep back 50 feet of course a NACHI patch. As long there is someone willing to take a case to sue someone we be in the lime light. Ambulance chasers will always be out there

Same thing happened to me about 4 years ago. Now whenever any one is present when I open a panel I tell them "Please do not stick your hands into the panel".

[Billy Boerner]

Originally Posted by kleonard

Same thing happened to me about 4 years ago. Now whenever any one is present when I open a panel I tell them "Please do not stick your hands into the panel".

I make sure everyone is outside before I open up the panel.

[Wayne B. Wilson]

LOL sometimes i give them the EMF meter ask can you scan around the building when i open the panel . It does work lol

[Marcel R. Cyr]

Wayne, what is EMF meter? Pardon my ignorance.

I have removed deadfronts while a client is with me, and I will not leave the space in front of the panel until I have looked at what I wanted to see and taken pictures if necessary.
Never leave an open panel.
But this is just me.

[Wayne B. Wilson]

Marcel
I use sometimes around the panel it is for( An EMF meter can measure AC electromagnetic fields, which are usually emitted from man-made sources such as electrical wiring, while Gauss meters or magnetometers measure DC fields, which occur naturally in the earth’s geomagnetic field and are emitted from other sources where direct current is present.)

If there is bad ground it read high
But it is good to keep some people busy.
Got a superstitious people then can ghost hunting lolol