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#1
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Insurance claim at flower show
A gentleman who attended our show complained two days later that the ink
from the stamp used as a pass out on the back of his hand got on to his shirt and cannot be removed. Does he have any right to make a claim.from us or should we direct him to the manufacturers of the stamp. Thanks. |
#2
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"Ken Richardson" wrote in message ... A gentleman who attended our show complained two days later that the ink from the stamp used as a pass out on the back of his hand got on to his shirt and cannot be removed. Does he have any right to make a claim.from us or should we direct him to the manufacturers of the stamp. Thanks. His claim is against you I would imagine as he was a 'customer' at your show and you stamped his hand. I would have then thought that you have a claim against the stamp/ink manufacturers, BUT, did you buy the ink and the stamp at the same time and was there any warning on the ink about keeping it off clothing? As a matter of interest, I took a group of people into Warwick Castle recently and they operate the same system. Some red ink got onto my wife's jacket and that has not come out. BUT, it was an oldish fleecy jacket and we can't say we are too bothered as most has come out in the wash Back to you, did you have insurance? Mike |
#3
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On 7/9/04 20:47, in article , "Ken
Richardson" wrote: A gentleman who attended our show complained two days later that the ink from the stamp used as a pass out on the back of his hand got on to his shirt and cannot be removed. Does he have any right to make a claim.from us or should we direct him to the manufacturers of the stamp. Thanks. You will now get a raft of answers, each telling you something different. Ask a lawyer or go to the CAB, and check with your insurance company first. With respect to all other skills, how would amateur gardeners be in a position to give you a definitive answer to such a question? -- Sacha www.hillhousenursery.co.uk South Devon (remove the weeds to email me) |
#4
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FWIW do not involve solicitors in this. They simply contribute to the sum total of human unhappiness. They get paid whether you win or lose ( so what is their motivation to do well by you? ). You should also dispense with the idea that a lawyer will be able to give you a definitive answer as to whether you have any liability. The law is not a science, it is about adversarial banter, precedent, being able to wheedle out arcane excuses, and not least, what the personality of the judge is like. Make the man an offer but don't let him take you for a ride, i.e. don't admit liability but make a goodwill gesture, write 'without prejudice' etc as you have been advised on correspondence. Learn from this and make sure if you use ink next time you also blot people's hands afterwards and warn them not to get it on their clothes. It'll be miles cheaper than a lawyer. And, no, I'm not a lawyer; I have though, had the misfortune of engaging several. Andy ( who knows that British law is the best in the world......that money can buy....) |
#5
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"Sacha" wrote in message k... On 7/9/04 20:47, in article , "Ken Richardson" wrote: A gentleman who attended our show complained two days later that the ink from the stamp used as a pass out on the back of his hand got on to his shirt and cannot be removed. Does he have any right to make a claim.from us or should we direct him to the manufacturers of the stamp. Thanks. You will now get a raft of answers, each telling you something different. Ask a lawyer or go to the CAB, and check with your insurance company first. With respect to all other skills, how would amateur gardeners be in a position to give you a definitive answer to such a question? If there is just the one claim, wouldn't it be much better PR, and far less hassle, to be magnanimous and just buy the guy a nice new shirt? I mean, it's unlikely that the floodgates will open and 100 of his mates will suddenly make a claim for a new shirt! Rick |
#6
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"Ken Richardson" wrote in message ... A gentleman who attended our show complained two days later that the ink from the stamp used as a pass out on the back of his hand got on to his shirt and cannot be removed. Does he have any right to make a claim.from us or should we direct him to the manufacturers of the stamp. Thanks. I would not give him the shirt off my back.............. tell him to claim off his household insurance. toy |
#7
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A gentleman who attended our show complained two days later that the
ink from the stamp used as a pass out on the back of his hand got on to his shirt and cannot be removed. Does he have any right to make a claim.from us or should we direct him to the manufacturers of the stamp. The stamp manufacturer or supplier have no liability to him. The flower show organisers may do but it will be very small. At most he is entitled to value of his second-hand shirt which unless it is something quite exceptional will be no more than £10 and probably much less. He is not entitled to a new replacement. Even assuming the organisers had public liability insurance there would almost certainly be an excess of far more than the value of the shirt. Offer him a fiver and free entry to next year's show. If you have to send a letter to him make sure you put the words "Without prejudice" so that the offer can be withdrawn if he is stupid enought to go to court. gee six jay en Replace the words with the numbers to email me |
#8
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Ken Richardson wrote:
:: A gentleman who attended our show complained two days later that :: the ink from the stamp used as a pass out on the back of his hand :: got on to his shirt and cannot be removed. Does he have any right :: to make a claim.from us or should we direct him to the :: manufacturers of the stamp. :: Thanks. This is a ridiculous claim, what if he got egg yolk on it, would he be claiming from the chicken? You put the ink on his hand, *he* put it onto his shirt himself. |
#9
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"Ken Richardson" wrote in message ... A gentleman who attended our show complained two days later that the ink from the stamp used as a pass out on the back of his hand got on to his shirt and cannot be removed. Does he have any right to make a claim.from us or should we direct him to the manufacturers of the stamp. Where on earth did this incredibly stupid idea of stamping a visitor instead of issuing a ticket originate? If the ink is indelible, the visitor could complain that it can't be removed, and if it is not indelible, her own sweat could make it stain her clothes Franz |
#10
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Franz Heymann wrote:
"Ken Richardson" wrote in message ... A gentleman who attended our show complained two days later that the ink from the stamp used as a pass out on the back of his hand got on to his shirt and cannot be removed. Does he have any right to make a claim.from us or should we direct him to the manufacturers of the stamp. Where on earth did this incredibly stupid idea of stamping a visitor instead of issuing a ticket originate? when people stopped being honest and started handing tickets to people who had not paid. We (school) run a charity bonfire each year. Last year there was real suspicion that tickets (Photcopied on the school copier to keep costs down) were being forged. We may have to go for more expensive but secure tickets next time. pk |
#11
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"Ken Richardson" wrote in message ... A gentleman who attended our show complained two days later that the ink from the stamp used as a pass out on the back of his hand got on to his shirt and cannot be removed. Does he have any right to make a claim.from us or should we direct him to the manufacturers of the stamp. Thanks. Assuming you arranged insurance, you may find that your policy terms require you to notify your insurers immediately on becoming aware of circumstances which may give rise to a claim, even if the likely damages are less than the policy excess. It might be advisable to contact your insurers, possibly via your brokers, prior to responding to the complainant, for advice as to how to proceed, if you have not already done so. If you did not arrange insurance, you're on your own. The complainant has 'a right' to seek redress against any one or anybody he considers liable, regardless of your views on the matter, although that does not necessarily mean he would be successful in an attempt to pursue a case before the courts. If he is only claiming the cost of a new shirt, how does that compare with the cost of consulting a solicitor, defending a claim, etc? |
#12
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Franz asked "Where on earth did this incredibly stupid idea of stamping a
visitor instead of issuing a ticket originate? If the ink is indelible, the visitor could complain that it can't be removed, and if it is not indelible, her own sweat could make it stain her clothes ......." Where have you been all these years Franz? I remember this being used 40 years ago as a safe way to prevent ticket passing. In all these years I have never heard of the ink marking any clothing, it's normally dry in less than a minute. All I can think is that there must have been far to much ink on the pad, or else someone is pulling a fast one. The ink washes off your hand in a couple of washes I think I would offer to have the shirt cleaned or just offer to replace it (Having been given the damaged shirt first ). -- David Hill Abacus nurseries www.abacus-nurseries.co.uk |
#13
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when people stopped being honest and started handing tickets to people who had not paid. We (school) run a charity bonfire each year. Last year there was real suspicion that tickets (Photcopied on the school copier to keep costs down) were being forged. We may have to go for more expensive but secure tickets next time. pk Don't photocopy them onto plain paper. Viking Direct a very good mail order company dealing with everything for the office, do a very great range of different papers either with a design running across the whole sheet so that when you cut them up, only a bit of the design comes through, or different coloured papers. The latter is very useful for identifying groups. And let only one person have access to the paper ;-)) Mike |
#14
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"PK" wrote in message ... Franz Heymann wrote: "Ken Richardson" wrote in message ... A gentleman who attended our show complained two days later that the ink from the stamp used as a pass out on the back of his hand got on to his shirt and cannot be removed. Does he have any right to make a claim.from us or should we direct him to the manufacturers of the stamp. Where on earth did this incredibly stupid idea of stamping a visitor instead of issuing a ticket originate? when people stopped being honest and started handing tickets to people who had not paid. In days of old, one bought a roll of numbered tickets. By checking the initial and final numbers on the roll, one had a check on the amount of money the seller has to hand over. It worked like a dream. We (school) run a charity bonfire each year. Last year there was real suspicion that tickets (Photcopied on the school copier to keep costs down) How inviting for swindlers. were being forged. We may have to go for more expensive but secure tickets next time. Franz |
#15
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Malcolm said "Ban pass outs. How many do you have, and why do people
want to leave and then come back? " Well I for one have used pass outs at Hampton court show to take plants back to my car so that I was able to buy more. Also have had to go back to the car when the wife had left her medication in the car (She is taking some medication or another about every 2 hours). -- David Hill Abacus nurseries www.abacus-nurseries.co.uk |
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