I hope someone can help us or advise whether it makes sense for our friends to report the following case to their insurance.
We had friends over helping us with the interior fit-out of our new single-family house. One friend sprayed some kind of solution onto the walls using a spray device (I’m not sure what it’s called), but the windows were not fully masked off yet. To our dismay, we later noticed spots from the spray mist all over the windows. Despite extensive cleaning efforts, the spots cannot be removed. This is very frustrating, especially with the huge panoramic windows.
Do we have a chance of getting compensation for the damage from the helper’s liability insurance?
We had friends over helping us with the interior fit-out of our new single-family house. One friend sprayed some kind of solution onto the walls using a spray device (I’m not sure what it’s called), but the windows were not fully masked off yet. To our dismay, we later noticed spots from the spray mist all over the windows. Despite extensive cleaning efforts, the spots cannot be removed. This is very frustrating, especially with the huge panoramic windows.
Do we have a chance of getting compensation for the damage from the helper’s liability insurance?
Jacy0505 schrieb:
Do we have a chance of getting the damage reimbursed through the helper’s liability insurance? First of all, make sure your friends report the damage immediately. That’s exactly what liability insurance is for. Photographic evidence of the damage should be a given. The insurance company will let you know if they need anything else. It’s definitely worth it, especially with expensive windows. Otherwise, your friends might just pay for it out of pocket 😉
M
Myrna_Loy17 Nov 2022 22:15Steffi33 schrieb:
Try using a so-called "magic eraser." They are used damp. In some cases, these things really work wonders. They only cost a few cents, so it’s almost free to try.They only cause additional scratches on glass.Myrna_Loy schrieb:
they only cause additional scratches on glass.On plastic, wood, etc., yes… but glass is hard enough. I have used this method many times before.
This is not a clear-cut issue, as judges tend to assume an implied waiver of liability in these kinds of favors. In that case, gross negligence or intent would have to be proven, which is probably not the case here.
Of course, you can check with the insurance company to see what they say. If they cover the damage, then that’s fine. However, I wouldn’t rule out that the question of liability might still come up, since your friend likely didn’t spray randomly for no reason. He probably had the "assignment" from you, but I don’t think he was expected to make sure everything was properly masked off, etc.
You do need to take some responsibility yourselves and should actually consider yourselves lucky if the insurance pays. That said, it’s also possible that they will rely on the implied waiver of liability, in which case you would be responsible. This is not a harsh accusation, as these things can certainly happen on a construction site, but in principle, you should have ensured the windows were masked. Or did he start spraying on his own initiative?
Of course, you can check with the insurance company to see what they say. If they cover the damage, then that’s fine. However, I wouldn’t rule out that the question of liability might still come up, since your friend likely didn’t spray randomly for no reason. He probably had the "assignment" from you, but I don’t think he was expected to make sure everything was properly masked off, etc.
You do need to take some responsibility yourselves and should actually consider yourselves lucky if the insurance pays. That said, it’s also possible that they will rely on the implied waiver of liability, in which case you would be responsible. This is not a harsh accusation, as these things can certainly happen on a construction site, but in principle, you should have ensured the windows were masked. Or did he start spraying on his own initiative?
Jacy0505 schrieb:
I just checked again; Clima Silicate Primer was used. Maybe someone has a tip on how to remove this stuff after all.In cases like this, don’t hesitate to simply call the manufacturer. From my personal experience, they can be very helpful—in fact, for a processing issue here, a field service representative even came by.
Winniefred18 Nov 2022 13:22And what exactly do you want to report? Are you asking for new windows or new glass? Is that really justified?
Sorry that it turned out this way. I would also recommend reaching out to the manufacturer to see if they have any advice. I once spilled primer during a renovation, and it didn’t come off the window or the window sill for 5 years (not even from the front door threshold). It wasn’t a big deal for us since we were planning to replace them anyway, and that was always clear. For you, though, it’s especially frustrating when you know you’ll be looking at it for another 30 years.
Sorry that it turned out this way. I would also recommend reaching out to the manufacturer to see if they have any advice. I once spilled primer during a renovation, and it didn’t come off the window or the window sill for 5 years (not even from the front door threshold). It wasn’t a big deal for us since we were planning to replace them anyway, and that was always clear. For you, though, it’s especially frustrating when you know you’ll be looking at it for another 30 years.
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