U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > House
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 09-12-2019, 04:24 AM
 
Location: A tropical island
4,630 posts, read 4,533,440 times
Reputation: 11562

Advertisements

Quote:
Originally Posted by bpollen View Post
Take it to court. You'll see.

An owner is required to mitigate damages. You can't just go off and leave a property for any length of time, and expect someone who made one mistake to pay for, say, foundation repair, because the owner abandoned the property for several months. That's an extreme situation, but you get my point, I'm sure.

That is the law, as far as I understand. Anyone who is damaged by another's negligence is required to mitigate those damages. You can't shirk your responsibility and expect someone else to pay for that part of the damages.

Another example: Your tenant breaks the lease and moves out. You sue to recover the full term of the lease. You won't get it, if you didn't do everything that you reasonably could to find a replacement tenant. You are required to "mitigate" your damages, and not rely on the theory that the other person did something wrong, therefore they owe you for full damages, and you don't have any responsibilities. That's the law...and common sense. (Your theory of "well, other people do it all the time" is irrelevant in the law...and common sense. Didn't your mother ever tell you, "Just because everyone else jumps off a bridge doesn't mean you should.")
All of your talk about going to court is irrelevant. I would never take this nice young man to court over this water bill.

I'm glad I started this thread. I've gotten some great advice from other posters, about automatic pool fillers, and having Brian discount my pool service for a while to offset the water and sewer bills.

You are being ridiculous. You have said this mess is my fault, because I don't have someone coming to check the house. My pool guy IS the person I have coming to take care of that aspect of the house. He knows I live outside the country much of the time. Even if I did have a person walk through the house every week to check things, that person shouldn't have to be responsible for also checking the pool, because I already pay someone to do that. Now, IF something went wrong inside the house, and I'm not having it checked, sure, that would be my fault. But in my many decades of owning houses, I've only had a water leak inside a house once, so I'll take my chances. That risk has nothing whatsoever to do with this thread. By your logic, if had a person checking inside my house, and they made a costly mistake, that would be my fault for not having yet another person also checking.

This thread was specifically about how to deal with the costs I incurred because the person I hired to take care of my pool, the person who knows he must turn off the hose every week when he adds water because I live out of the country, and who is paid well to take complete care of it.
Reply With Quote Quick reply to this message

 
Old 09-12-2019, 09:56 AM
 
Location: Ft. Myers
18,268 posts, read 11,545,156 times
Reputation: 38656
Quote:
Originally Posted by kayanne View Post
The young man (Brian) who takes care of our swimming pool once a week was adding water to our pool with the garden hose, and he forgot to turn it off when he left. I arrived at this home 5 days later, saw the water running, and knew we would have a very expensive bill.

When the water bill came, it was for 48,000 gallons (we normally use 1000 gallons or less because this is not our primary residence), at a cost of $418, which I let Brian know. He offered to give me one month of free pool service, but that is only $200. I told him I would see if the water company would give me a price adjustment (they did, down to $225).

Then a couple weeks later I remembered that our billing for water and sewer had recently been changed, and is now administered by two different companies. Our sewer bill arrived, and it was for $550! So I called Brian back, and told him about the additional $550 but that I would apply for a "pool fill credit." (still waiting to hear back about that). Brian just said something vague like "Well, hopefully we can work something out." He has never offered to cover the bills whatever they are.

THEN I realized that the day the water meter was read was on the third day out of the five that my garden hose was running non-stop. This means my NEXT month's water bill and sewer bill will also be extremely high. (And the price adjustment thing can only be requested once per year, so they will be due in full.)

I hate that the expenses I'm reporting to Brian just keep growing and growing. He's a very nice and polite kid (probably 20-something) who is trying to get this new pool business going, and I'm going to have probably over $1000 of bills, because he forgot to turn off our water. I'm bothered by the fact that he hasn't offered to pay whatever the water and sewer bills are for the two months. But I am currently living out of the country, good pool guys are hard to find (he's good other than this one lapse), and I probably need him more than he needs my business.

Should we insist he pay the total bills (minus a small portion for our household water use the few days we were there)? Or perhaps split it 50-50 as a gesture of goodwill since we do want to keep him as our pool guy? Why am I feeling guilty for expecting him to pay? (Ah, I know the answer: because we are older and financially secure, and the thousand bucks will hurt him a lot more than it would hurt us. Should that be relevant?)

Right there is your problem, he is probably some uninsured guy, working out of his pick up truck, who has no assets, and who can not afford to pay you the money you are out. That is what happens when you let sub standard "companies" do work for you. It might save you some money, but if something goes wrong it can get ugly.


Next time, hire a real company, ask for their license and proof of insurance, and pull up reviews on them on the internet. Too many "nice guys" out there who will stiff you in the end.
Reply With Quote Quick reply to this message
 
Old 09-12-2019, 10:10 AM
 
Location: NJ
24,531 posts, read 30,672,371 times
Reputation: 16481
Quote:
Originally Posted by bpollen View Post
Anything could have happened to cause the large water loss. A water fixture inside (say, a toilet) could have broken, and run, dripping on everything, for five days while you're gone. The kitchen faucet could have gone berserk. You really need to shut the water off or hire someone to come by to check on your house. You could hire a pet sitter to come by your home several times. Or ask a neighbor.

You have an excuse for everything. But people deal with this all the time. You have to shut the house down when you leave for a week OR arrange some other way to check up on things.

Maybe there's an app that you can check on water and electricity while you're gone. There is something.

This is as much your fault as the pool guy's. IMO.

If I were on a jury, I would apportion the damages, finding that it was the pool guy's negligence in forgetting to turn off the hose, and he would be responsible for the damage THAT DAY. I would find that it's the owner's negligence for damages after that first day, since it's the owner's responsibility to check on his property and safeguard it. It would be unfair to hold the pool guy responsible for all damages for who knows how long, because you decided to go on a vacation somewhere instead of returning to this house. I understand you want to blame it on someone else, because the pool guy made the INITIAL mistake. But YOUR mistake takes over after that first day.
i think you are playing lawyer without the knowledge of a lawyer. did you stay at a holiday inn last night?
Reply With Quote Quick reply to this message
 
Old 09-12-2019, 12:28 PM
 
Location: A tropical island
4,630 posts, read 4,533,440 times
Reputation: 11562
Quote:
Originally Posted by don1945 View Post
Right there is your problem, he is probably some uninsured guy, working out of his pick up truck, who has no assets, and who can not afford to pay you the money you are out. That is what happens when you let sub standard "companies" do work for you. It might save you some money, but if something goes wrong it can get ugly.


Next time, hire a real company, ask for their license and proof of insurance, and pull up reviews on them on the internet. Too many "nice guys" out there who will stiff you in the end.
You may not have read the whole thread, but I mentioned that I left messages for 5 different pool cleaning companies, and Brian was the only one who called me back. I was only in town a few days, and I had to find someone before leaving the country, or my pool would have been completely ruined. I had (and still have) no reason to consider him substandard, for anyone can make a mistake.
Reply With Quote Quick reply to this message
 
Old Yesterday, 11:37 AM
 
6,559 posts, read 3,675,093 times
Reputation: 6062
Quote:
Originally Posted by kayanne View Post
All of your talk about going to court is irrelevant. I would never take this nice young man to court over this water bill.

I'm glad I started this thread. I've gotten some great advice from other posters, about automatic pool fillers, and having Brian discount my pool service for a while to offset the water and sewer bills.

You are being ridiculous. You have said this mess is my fault, because I don't have someone coming to check the house. My pool guy IS the person I have coming to take care of that aspect of the house. He knows I live outside the country much of the time. Even if I did have a person walk through the house every week to check things, that person shouldn't have to be responsible for also checking the pool, because I already pay someone to do that. Now, IF something went wrong inside the house, and I'm not having it checked, sure, that would be my fault. But in my many decades of owning houses, I've only had a water leak inside a house once, so I'll take my chances. That risk has nothing whatsoever to do with this thread. By your logic, if had a person checking inside my house, and they made a costly mistake, that would be my fault for not having yet another person also checking.

This thread was specifically about how to deal with the costs I incurred because the person I hired to take care of my pool, the person who knows he must turn off the hose every week when he adds water because I live out of the country, and who is paid well to take complete care of it.
Just a note about auto-fill. If the pool develops a leak the automatic fillers will work full time, all the time. If you're not around often I wouldn't recommend this approach, and the pool guy wouldn't notice as it's always topping up.
Reply With Quote Quick reply to this message
 
Old Yesterday, 11:59 AM
 
Location: Lone Mountain Las Vegas NV
13,399 posts, read 5,131,757 times
Reputation: 5957
Quote:
Originally Posted by markjames68 View Post
Just a note about auto-fill. If the pool develops a leak the automatic fillers will work full time, all the time. If you're not around often I wouldn't recommend this approach, and the pool guy wouldn't notice as it's always topping up.
Might be true of an external auto-fill but not a built in one. Easy fix would be to simply restrict the flow to a few gallons an hour.

How in the world would one notice a built in auto fill on all the time? The only likely way is an astute pool guy may pick it up or you get a large water bill. I would note most pool leaks are in the plumbing and if it is in the exposed plumbing it will get picked up rather quickly.
Reply With Quote Quick reply to this message
 
Old Yesterday, 08:52 PM
 
Location: California
1,709 posts, read 490,913 times
Reputation: 3075
Quote:
Originally Posted by Electrician4you View Post
So what happens at his next mental lapse where he forgets to turn off the water again?

Sorry none of that is your problem. Itís absolutely irrelevant wether you are well off, heís gonna be hurt by this or you want to keep him as the pool guy. I donít understand why youíre willing to split or eat a bill that the charges were not caused by you. There is probably a good reason why Brian is just a pool guy not a rocket scientist. This is absolutely his fault and he should eat the costs. Thatís just part of running a business. Sometimes you **** up and pay for it. Guys like this who do crap like that donít usually stay in business.
Yeah he is nice now. Wait till you present him with a $1000 water bill. I bet youíll never hear from him again.


Wait till you get all your billing and THEN call Brian the pool guy and tell him that he owes you x amount of money. Itís not your job to go and deduct or fight with the water company for billing. When Brian says I hope we can work it out I would say yes you pay the money you owe for leaving the water running and you can still be the pool guy for my property. Otherwise Iíll get another company and Iíll take you to court for the damages.
There are plenty of pool guys who will take the business. And I wouldnít offer to do anything stupid like he can do the pool for free for x time. Youíll be the one who loses out. No he pays you what he owes then you pay him his service charge. Keep the two transaction separate

Being well off doesnít mean you need to bend over and take it
After reading again all the posts over and the new ones Iíve reconsidered my initial answer. I think Electrician is correct. I really doubt this guy Brian is going to want to work 6 months say for free in order to pay off this bill. Heís going to be resentful by the third month and start taking shortcuts somewhere to compensate for taking time out of his schedule and not getting paid. Heíll either clean less or cut down on the chemicals any where he can and the service. Itís just not a good mix. It seems the OP is more concerned about hurting Brianís feelings than getting reimbursed. OP had stated they will not take him to court, so there wonít be any way to collect this money then. So be it. Pay the whole bill and forget about it and move on.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > House
Follow City-Data.com founder on our Forum or

All times are GMT -6.

© 2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top