|
|
Legally speaking
1 May, 2008 By: Kenneth D. Morris Landscape ManagementQ A customer claims pesticides I use give her headaches. How can I assure her this isn't possible and protect myself from lawsuits?
A Standard practice should include leaving behind literature (labels and technical bulletins, etc.), which describe the characteristics of your pesticide. Contact the manufacturer for its most recent literature or handouts. Also, contact the manufacturer's technical representative to find out whether the product can cause headaches and under what circumstances.
Confirm you applied the product correctly according to the label, and let her know. Every application should have a ticket or document recording the product, rate of application, area treated, etc. If the product has been applied in the correct manner, you have preserved the right to tender any claims (i.e., lawsuits) to the manufacturer.
If other customers have similar complaints and you are sure you have applied the product correctly, you probably need to stop using that pesticide until the manufacturer has satisfied you that these complaints can't be caused by the product.
With your attorney's assistance, develop a standard service agreement to be signed between you and each of your customers. A properly drawn agreement sets out the parties' rights, the details of the product to be applied, etc.
Kenneth D. Morris is a Philadelphia-based attorney with more than 30 years corporate and law firm experience. Contact him via www.kenmorrislaw.com.
Note:
The above should not be interpreted as offering legal advice in any jurisdiction where such practice is not authorized.
Please send any technical comments or questions to our webmaster.