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Tradesman damaged TV

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  • 20-08-2018 8:17pm
    #1
    FGR
    Registered Users Posts: 2,455 ✭✭✭


    Hi all, hoping you can help on this one.

    A friend of mine had an independent satellite installer over yesterday who installed a satellite for him. The problem was that when he was behind the tv he shoved it aside to get at the connections behind and caused damage to the side and back of the panel. There are cracks/scratches and a small chunk taken out of the plastic which are easily visible from the front.

    The screen itself is alright but the thing is that the TV was brand new, out of box, and now looks old and abused.

    Tradesman is being stubborn and unwilling to replace the TV or rectify it. Does my friend have any rights here? Citizens Information says that "Service suppliers should be insured against damage to goods, other people’s property or themselves whilst carrying out a service. Check that any trader that you engage has appropriate insurance." but doesn't go beyond it. Is it under the Sale of Goods Act and can this be pursued in the Small Claims Court?

    Can you compel the person to provide insurance? He's a registered sole trader.

    I know it's not the end of the world but it's a very nice Samsung which cost him about €1,200+.

    Thanks.


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    #2
    ArthurG
    Registered Users Posts: 1,306 ✭✭✭ArthurG


    Smells a bit fishy. You say a shove resulted in “cracks, scratches and a chunk taken out of the plastic”. What was he shoving it with, a hammer? Also if someone was there at the time to witness this why didn’t they kick up a stink when they saw this shoving, cracking and chunk removing happening?


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    #3
    Xterminator
    Registered Users Posts: 4,740 ✭✭✭Xterminator


    there is cosmetic damage to the back of the TV & Your friend asked tradesman to replace it!? would your friend not have been better negotiating a reduction in tradesmans fee to compensate? Hes not being stubborn refusing to replace it, frankly its a crazy request.

    Also it is clearly not a sale of goods case -

    Replacing the TV is not a reasonable request - and cosmetic damage makes no difference to the usage of the TV, and the way TVs are today, you only see the screen when on front of it. its hard to gauge the damage to your friend in euros, or even % of cost of the TV. but you need to be realistic, the TV is not broken, its lifespan is not reduced. IMO i would be looking to the tradesman to halve his fee. If he was acting as an agent on behalf of sky ireland etc, then id talk to them.


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    #4
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Xterminator wrote: »

    Also it is clearly not a sale of goods case -

    .

    I think you are missing the second part of the legislation, the supply of services from that statement.

    If the TV was brand new, I'd be pretty peeved if the tradesman damaged it, if there was an issue with the picture the retailer could claim that it was not a fault with the merchandise, rather that the fault was caused when the damage was done to the outer.

    The owner of the TV can take a small claims court case for the damage done, so certainly would want my new TV replaced.

    https://www.onlinetradesmen.ie/PropertyOwners/ConsumerRights.aspx


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    #5
    johndoe99
    Registered Users Posts: 1,880 ✭✭✭johndoe99


    if, there's that much damage done, there could be internal faults not yet seen that could appear later on.

    Also if owner of TV then wanted to return TV to retailer, how would he explain damage, this would void guarantee.


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    #6
    FGR
    Registered Users Posts: 2,455 ✭✭✭FGR


    Thanks all. Will pass on the message.

    The shove apparently was pretty robust - caused the tv to hit the wall and a door architrave which resulted in the damage. It was raised by him immediately but the tradesman simply said that the tv's working so not to worry about it.

    The damage is on the bezel on the side of the tv as well as the back - it's clearly visible. If the tv was a few years old you'd be fine with it but as it was literally just out of the box I can see where he's coming from tbh.


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    #7
    Del2005
    Registered Users Posts: 18,994 ✭✭✭✭Del2005


    FGR wrote: »
    Thanks all. Will pass on the message.

    The shove apparently was pretty robust - caused the tv to hit the wall and a door architrave which resulted in the damage. It was raised by him immediately but the tradesman simply said that the tv's working so not to worry about it.

    The damage is on the bezel on the side of the tv as well as the back - it's clearly visible. If the tv was a few years old you'd be fine with it but as it was literally just out of the box I can see where he's coming from tbh.

    The tradesman could counter argue that he wasn't given a safe working environment and hurt himself on the TV, don't get you friend rushing to go legal as he might end up more out of pocket.


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    #8
    Mountjoy Mugger
    Registered Users Posts: 4,487 ✭✭✭Mountjoy Mugger


    Will ya stop talking sh**e!


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    #9
    D3V!L
    Registered Users Posts: 2,953 ✭✭✭D3V!L


    I'm flabbergasted by the replies on this thread !! The tradesman should have 3rd party insurance to cover damage. Bring him to the small claims court for the price of the TV and be done with it.


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    #10
    .......
    Closed Accounts Posts: 9,057 ✭✭✭.......


    Del2005 wrote: »
    The tradesman could counter argue that he wasn't given a safe working environment and hurt himself on the TV, don't get you friend rushing to go legal as he might end up more out of pocket.

    A satellite installer claiming he wasnt given a safe working environment?

    Would you get off the stage!

    OP - your friend is entitled to redress. The tradesman damaged his property.


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    #11
    Del2005
    Registered Users Posts: 18,994 ✭✭✭✭Del2005


    ....... wrote: »
    A satellite installer claiming he wasnt given a safe working environment?

    Would you get off the stage!

    OP - your friend is entitled to redress. The tradesman damaged his property.

    Sky will drill 2 massive holes into your wall to secure the ladder before they'll install a dish. The installer had to move a large item so he wasn't working in a safe environment, if the item was in a place it could be damaged by the worker it could also injure the worker. All I was saying is that if the OP starts chasing the worker for damages they can just as easily come back with a bigger counterclaim.


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    #12
    Grab All Association
    Registered Users Posts: 3,920 ✭✭✭Grab All Association


    Did the customer ask him to move it?
    If he was unable to move it then why didn’t he ask the customer to do this before commencing work?
    Wouldn’t he have to move it anyway to install the sky/freesat box?


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    #13
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    A satallite installer who thinks moving a TV is an "unsafe environment"? World is gone mad. I'm now worried about my bin collectors.


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    #14
    dmc17
    Registered Users Posts: 3,751 ✭✭✭dmc17


    davo10 wrote: »
    A satallite installer who thinks moving a TV is an "unsafe environment"? World is gone mad. I'm now worried about my bin collectors.

    Don't leave them out in case they fall over them :eek:


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    #15
    JustJoe7240
    Registered Users Posts: 1,471 ✭✭✭JustJoe7240


    ....... wrote: »
    A satellite installer claiming he wasnt given a safe working environment?

    Would you get off the stage!

    OP - your friend is entitled to redress. The tradesman damaged his property.
    davo10 wrote: »
    A satallite installer who thinks moving a TV is an "unsafe environment"? World is gone mad. I'm now worried about my bin collectors.

    TBF it was another poster that came up with that nonsense,not the OP. Although that poster is probably playing devils advocate more than anything else.


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    #16
    mickdw
    Registered Users Posts: 23,368 ✭✭✭✭mickdw


    JustJoe7240 wrote: »
    TBF it was another poster that came up with that nonsense,not the OP. Although that poster is probably playing devils advocate more than anything else.

    That poster was making the point that if you chase him, he is almost guaranteed to come back with an even bigger counter claim. Considering the home owner will be the only party with insurance, it is likely that the installer would come out on top.


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    #17
    lawred2
    Registered Users Posts: 24,400 ✭✭✭✭lawred2


    Must have taken some force to damage the tv to such an extent.

    Enough force to have the tv on the floor really..


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    #18
    seagull
    Registered Users Posts: 2,342 ✭✭✭seagull


    Given the installer is an independent, you'll probably need to go through small claims.


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    #19
    Heres Johnny
    Closed Accounts Posts: 2,738 ✭✭✭Heres Johnny


    If I worked in someone's house, which I did for years, and damaged their property, I'd pay up no problem

    I don't understand the extent of the damage here but if it is in fact damaged, either the installer pays or his insurance does.


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    #20
    slavetothegrind
    Registered Users Posts: 2,789 ✭✭✭slavetothegrind


    before you do anything you got a receipt and didn't pay cash yeah?


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    #21
    Sleeper12
    Registered Users Posts: 17,087 ✭✭✭✭Sleeper12


    FGR wrote:
    A friend of mine had an independent satellite installer over yesterday who installed a satellite for him. The problem was that when he was behind the tv he shoved it aside to get at the connections behind and caused damage to the side and back of the panel. There are cracks/scratches and a small chunk taken out of the plastic which are easily visible from the front.


    I don't understand this.

    I'm not sure why the tradesman is automatically getting blamed here.

    It's sounds like the TV is not fit for purpose. Has your friend tried returning it to the shop? A TV should be sturdy enough to withstand moving in back & forward. I get that the tradesman moved the TV or shoved it in your own words. He moves tvs all day everyday. I'm betting this is the first one that couldn't withstand him moving it.


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    #22
    kbell
    Registered Users Posts: 1,249 ✭✭✭kbell


    Op, any pics of the damage?


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    #23
    .......
    Closed Accounts Posts: 9,057 ✭✭✭.......


    Sleeper12 wrote: »
    I'm not sure why the tradesman is automatically getting blamed here.

    Because he shoved it into a wall.
    Sleeper12 wrote: »
    It's sounds like the TV is not fit for purpose.

    :D:D:D:D

    TVs should be designed to get shoved into walls now is it? :rolleyes::rolleyes:


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    #24
    Sleeper12
    Registered Users Posts: 17,087 ✭✭✭✭Sleeper12


    ....... wrote:
    Because he shoved it into a wall.


    OP just says that he shoved it aside to get at connections behind it. The op makes it sound like he moved it away from the wall


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    #25
    Sleeper12
    Registered Users Posts: 17,087 ✭✭✭✭Sleeper12


    Is the wall & architrave marked?


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    #26
    .......
    Closed Accounts Posts: 9,057 ✭✭✭.......


    Sleeper12 wrote: »
    OP just says that he shoved it aside to get at connections behind it. The op makes it sound like he moved it away from the wall

    :rolleyes:
    FGR wrote: »
    The shove apparently was pretty robust - caused the tv to hit the wall and a door architrave which resulted in the damage. It was raised by him immediately but the tradesman simply said that the tv's working so not to worry about it.


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    #27
    Bazzy
    Registered Users Posts: 1,485 ✭✭✭Bazzy


    Del2005 wrote: »
    Sky will drill 2 massive holes into your wall to secure the ladder before they'll install a dish. The installer had to move a large item so he wasn't working in a safe environment, if the item was in a place it could be damaged by the worker it could also injure the worker. All I was saying is that if the OP starts chasing the worker for damages they can just as easily come back with a bigger counterclaim.

    What absolute scutter.

    Under the health and safety act he stops working and asks the customer to resolve the issue.

    By continuing he put himself in danger and caused damage to the customers property and if he hasn't noted this on his risk assessment he is in the wrong.


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    #28
    bucketybuck
    Registered Users Posts: 18,487 ✭✭✭✭bucketybuck


    Del2005 wrote: »
    The installer had to move a large item so he wasn't working in a safe environment, if the item was in a place it could be damaged by the worker it could also injure the worker. All I was saying is that if the OP starts chasing the worker for damages they can just as easily come back with a bigger counterclaim.

    You're right, that girl from The Ring could have climbed out of the TV and killed him stone dead!

    The presence of a TV creates an unsafe working environment, for a satelite installer! :rolleyes: I have heard some shite in my time but that takes the biscuit, does the government know there are millions of kids currently at risk from dangerous TV's in their living rooms?

    Sad to think that some people go through life looking for angles like that.


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    #29
    Iseedeadpixels
    Registered Users Posts: 4,338 ✭✭✭Iseedeadpixels


    "Tradesman" lmao lad is getting cash to hand, probably not even qualified let alone insured.


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    #30
    Bazzy
    Registered Users Posts: 1,485 ✭✭✭Bazzy


    bucketybuck wrote: »
    You're right, that girl from The Ring could have climbed out of the TV and killed him stone dead!

    The presence of a TV creates an unsafe working environment, for a satelite installer! :rolleyes: I have heard some shite in my time but that takes the biscuit, does the government know there are millions of kids currently at risk from dangerous TV's in their living rooms?

    Sad to think that some people go through life looking for angles like that.

    Hiding behind Health and Safety laws is the typical reaction of a lazy sloppy so and so

    If I was the OP's friend and he refused to replace it i'd go small claims court for the price of a new tv and if I got no receipt i'd go to the revenue


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    #31
    .......
    Closed Accounts Posts: 9,057 ✭✭✭.......


    Bazzy wrote: »
    Hiding behind Health and Safety laws is the typical reaction of a lazy sloppy so and so

    If I was the OP's friend and he refused to replace it i'd go small claims court for the price of a new tv and if I got no receipt i'd go to the revenue

    This is a great threat that I often see bandied about on boards.ie but the truth is - the revenue dont care.

    I had a "tradesman" do shoddy work and act the pr1ck about it, refuse to give a receipt and when I told the revenue about it and that he had offered me a vat price and a cash price theyd no interest. None whatsoever. Said they dont audit people on the back of such complaints.


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