darcie smith
Member
Have our tech write a letter and attach pictures?
Anyone go to court for a client?
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Jim Pemberton
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Is your tech Scott?
If not, I can't imagine that an employee would want to craft a letter and offer it in as testimony in a legal case; I wouldn't.
I'm also curious as to the value of such a letter. Since a letter cannot be cross-examined, I would think that this would be considered to be hearsay evidence.
I doubt lawyers will be present for something of this scale, that would be up to the magistrate to decide of course.
Sadly for landlords and business owners, a tearful mother with a tassle of kids and a good story usually wins out over the "evil landlord"
If not, I can't imagine that an employee would want to craft a letter and offer it in as testimony in a legal case; I wouldn't.
I'm also curious as to the value of such a letter. Since a letter cannot be cross-examined, I would think that this would be considered to be hearsay evidence.
I doubt lawyers will be present for something of this scale, that would be up to the magistrate to decide of course.
Sadly for landlords and business owners, a tearful mother with a tassle of kids and a good story usually wins out over the "evil landlord"
I've done it a few times. It's very simple. Just give your professional feedback on the condition of the carpet, what the IICRC says about trashed, neglected carpet, and your suggestions on why the carpet isn't cleanable.
I've had one TENANT actually ask me to go to court against the landlord who was my customer, lol. They wanted me to tell the courts how the building wasn't well ventilated (Lie) to give them ammo on why they neglected the place. LOL. they didn't like my answer to them when I rejected their request.
I've had one TENANT actually ask me to go to court against the landlord who was my customer, lol. They wanted me to tell the courts how the building wasn't well ventilated (Lie) to give them ammo on why they neglected the place. LOL. they didn't like my answer to them when I rejected their request.
darcie smith
Member
It wasn’t Scott and we’re just going to provide her with the pictures from the job and she can tell the court whatever she wants
Brian H
Member
When we have been asked to supply information for court or insurance purposes we found it's best to state only facts that you can back up. In your case, the technician stated that the carpet was heavily saturated with pet urine.
How does the technician know that the urine was from a pet?
Are there other things besides urine that will cause a "light" to show issues?
I would write the letter something like this:
On mm/dd/yyyy we were called out to clean a property at 123 Main St, Anywhere, PA 12345. On arrival our technician used a black light prior to inspect the carpet prior to cleaning. There was a distinct urine odor and the light is used to identify the extent of the damage as carpet will glow in the presence of urine. There were extensive areas of contamination and the owner was advised that cleaning would not be able to remove the urine to a satisfactory level. Based on our technician's experience, the urine odor and the amount of stains he felt it was best not to clean. The landlord felt that it was at least worth the effort to try. We gave it our best effort, but the stains were too extensive.
In our opinion, replacement is the only option.
How does the technician know that the urine was from a pet?
Are there other things besides urine that will cause a "light" to show issues?
I would write the letter something like this:
On mm/dd/yyyy we were called out to clean a property at 123 Main St, Anywhere, PA 12345. On arrival our technician used a black light prior to inspect the carpet prior to cleaning. There was a distinct urine odor and the light is used to identify the extent of the damage as carpet will glow in the presence of urine. There were extensive areas of contamination and the owner was advised that cleaning would not be able to remove the urine to a satisfactory level. Based on our technician's experience, the urine odor and the amount of stains he felt it was best not to clean. The landlord felt that it was at least worth the effort to try. We gave it our best effort, but the stains were too extensive.
In our opinion, replacement is the only option.
Luky
Member
Don't submit anything unless you get subpoena. The involvement of carpet cleaning company isn't necessary ( although landlord can present to the judge an invoice to support his cause )or required by the law .Your contractual obligation ended, there in no continuation. Landlord has a plenty useful instruments described in the contract to have a control of the property ( inspection time- line should be set by number of the pets on premises ) to learn about condition of the carpet. Based on my experience, the landlord will push the life of the carpet to a hundred years before they conclude replacement.
Simple answer is : Don't do anything, don't submit anything, be polite, but strict in saying that your role ended by completing an assignment to clean the carpet. Thank me later, or don't, move on.
Brian H
Member
Sometimes it's a matter of saving a client. When we have clients with a lot of potential, we will go the extra mile to appease them with a written statement, worded in such a way that satisfies the client yet doesn't put us in legal jeopardy.
In my 42 years of doing this, I don't know that we have ever actually gone to court.
Jack Zipper Zerkie
Member
Never went to court but both side lie. I did follow up for Rug Dr rentals for about 15 yrs and wow the lies from the people that rented the units and would blame the problem on the units. Some would clean the carpets with bleach and lie and say it was in the rental unit when they used it. Really hard to prove but was always some way to work it out. What really helped was my experience as a cop for 15 before I bought the carpet cleaning company. Been fighting with dirt for long time but now I win all the time .
Cleanworks
Moderator
I do some warranty for Rug Doctor. Had one person rent a machine and created blue streaks in his carpet. Turns out the last person who rented that machine was trying to dye his carpet.
icleancarpetz
Member
Dirt is safer and easier to wrestle kick around.
I cleaned an attorneys office awhile back. I get a call from one of them and he asks to see me in his office (oh, oh). Get to his office to find out he was hired by a lady that got hurt. Seems a carpet cleaning company was cleaning in her home. She wanted to be out of the way so she went to an upstairs bedroom. After awhile she opened the door and asked the tech at the bottom of the stairs if it was ok to come downstairs. He said yes so she goes down the freshly cleaned stairs and hits the tile in the foyer and falls. The tip of her shoe gets stuck in a hot water heat fixture and her ankle gets twisted. She will never walk normally again. He asks if there was something the cleaner could have done to prevent this.
I tell him about Caution Mats which are readily available telling people that walking from damp carpet to hard floors is slippery. The tech also should have warned her.
As the case went on, the carpet cleaning companys attorney claimed that wet carpet is not more slippery than dry carpet (which in essence isnt the point as the shoe picks up moisture and the moisture is what causes the tile to be slippery) so I bought the exact pair of shoes she wore and made a device which proved that damp carpet is more slippery.
After that demonstration, they settled the case in the womans favor.
I tell him about Caution Mats which are readily available telling people that walking from damp carpet to hard floors is slippery. The tech also should have warned her.
As the case went on, the carpet cleaning companys attorney claimed that wet carpet is not more slippery than dry carpet (which in essence isnt the point as the shoe picks up moisture and the moisture is what causes the tile to be slippery) so I bought the exact pair of shoes she wore and made a device which proved that damp carpet is more slippery.
After that demonstration, they settled the case in the womans favor.
bob vawter
Grassy Knoller
Its ALWAYS a skip......a hop and that fatal jump onto the tile.........you yell but its alwez too late!
I usually put a strip of walk paper at least on the tile and most of the time I would put paper on the carpet as well.....1st question most of the little ol ladies would ask was "you got the walk paper Mr Bob? They would roll it up an save it for next cleaning!
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Cleanworks
Moderator
Customers used to save the wooden blocks and foil tabs I used.
The Great Oz
Member
You can word a letter as Brian advised and your involvement will likely end there. The big BUT is when you've offered a professional opinion and then are hit with a supoena to appear on court. If you don't have a stated charge for testimony, you get to go at your own expense.
I've been to court a few times and it usually is just waiting for the case to come around and then having the other person no-show. Your customer wins and you lose a day's productivity. When the other person shows it's a waste of your time, no fun at all, and your customer will blame you if they don't win.
I'd recommend that you let your client know that testifying in a legal proceeding is a long way from carpet cleaning, and you charge say, $450 to $650 per hour for that service. Haven't bee to court since establishing that fee.
PS: Jim, I think spell-check wrecked your folksy phrasing - "passel of kids" as the Beverly Hillbillies used to say.
I've been to court a few times and it usually is just waiting for the case to come around and then having the other person no-show. Your customer wins and you lose a day's productivity. When the other person shows it's a waste of your time, no fun at all, and your customer will blame you if they don't win.
I'd recommend that you let your client know that testifying in a legal proceeding is a long way from carpet cleaning, and you charge say, $450 to $650 per hour for that service. Haven't bee to court since establishing that fee.
PS: Jim, I think spell-check wrecked your folksy phrasing - "passel of kids" as the Beverly Hillbillies used to say.
bob vawter
Grassy Knoller
I had several little ol ladies that completely had their fridges completely covered with my fridge magnets....really weird!
KevinD
Member
Had that happen with a Big big big Italian girl one day.
She hit the floor and wiped out. Only thing that stopped her was the wall on the other side of the room.
bob vawter
Grassy Knoller
I know its bad.....but I had to laugh at that one
KevinD
Member
It could have been bad. She picked herself up, dusted herself off but embarrassed mostly.
Lee Stockwell
FOJL
If the carpet is to be replaced, cut a sample and put it in a gallon sized zip lock bag.
Brian H
Member
I did that with a customer's carpet that complained their carpet was still wet 10 months after we cleaned it. I sent it into the ASCR lab almost as a joke because it was so heavily saturated with urine (5 dachshunds). The lab tech, Pat something, was originally from the Detroit area and we used to chat a bit. The carpet was wet because it was 100% saturated with urine and the salts were attracting moisture out of the air. I have never seen a carpet so full of urine!!
I ended up sending that lab report to 2 different insurance companies and at least one attorney. That customer was delusional!!!
