This stinks (really glad it didn't happen to mine)

[vortec]

long story short, my sister's friend had a port-a-john fall on her 2000 s-10. it was on a built-up section of yard and blew onto the hood. she only planned to park there for a few minutes. the construction guys picked it up and hosed the truck off, but there is metal and paint damage and the real problem is that a lot of the stuff got into the cowl and now the interior wreaks of....well, you know.

i say trade that sucker in, but she's so hard-up for money, she can't even afford 3-4 grand for decent used replacement. has anyone here had the misfortune of a similar situation? can she ever get that properly cleaned out? it sounds like it's worked its way into everything, at this point the construction company won't do a thing and she can't afford to take them to court.

 

[Chaddy]

Thats what insurance is for.

 

[vortec]

Thats what insurance is for.

yeah, she has liability only. i didn't say she was wise.

 

[Chaddy]

She didnt cause the damage.........they did, so its their insurance that should pay??

Edit** I dont know about the wind blowing it over though....

 

[BGKYK5]

That kind of damage is probably excluded from coverage under a "Sh*t Happens" clause.





Sorry couldn't resist, but unfortunately she'd probably have to take their insurance co to court.

 

[vortec]

I dont know about the wind blowing it over though....

That kind of damage is probably excluded from coverage under a "Sh*t Happens" clause.

i think that's the problem. they're probably calling it an "act of God".

i told my sister that her friend might want to check out a crime scene cleanup company, but they are probably way out of her price range. maybe a convenient fire is the way to go.

 

[reddog64]

no it's called neglegance...
You could of died...??? hello...
it's 35 bucks (here) to file in small claims court...

Your sister needs to call and be a b!tch about it...

 

[Slapperbar]

I think CBBR may know something about insurance.

 

[vortec]

Your sister needs to call and be a b!tch about it...

except it's not her truck. it belongs to her stupid friend. she's annoying, but wouldn't be any good at being a true b!tch.

negligence would probably be a realistic point to argue in court, if they hadn't coned off the area in front of the thing. maybe they should have used one of those wooden saw-horse roadblock things instead. she just moved one of the cones

 

[reddog64]

Point is whoever tied it up to the lift/crane didnt do a good job...

There not going to just write you a check.. you have to work for it...
If she doesnt want to do that much than it's her fault...

 

[BGKYK5]

I think if she moved a cone she's SOL.


There I go again with another reference to doo-doo, but she'd have a major uphill battle if she was parked someplace she wasn't supposed to be.

 

[roadnotca]

Forget the claim, it ain't happnin. Look into the detail shops. They have tricks for removing smells, like tobacco, or ........

 

[thatK30guy]

The way I see it, the const. company is liable because wherever they set the john down at, it should be fastened down with stakes to prevent it from toppling over. Whether it was fastened down good enough or not, they're still liable. Thats their liability to make sure its not going to fall over.
What if a person had been walking by the john and it toppled over on top of them? Would the const. crew just pick it up and brush off the person and say "sorry"? I don't think so. Same thing here with the truck parked there.
Not an "act of God" but carelessness or negligence to take safety precautions and make sure the john is tied down real good.
Take the const. crew to the cleaners and make them pay.

 

[merace19]

The way I see it, the const. company is liable because wherever they set the john down at, it should be fastened down with stakes to prevent it from toppling over. Whether it was fastened down good enough or not, they're still liable. Thats their liability to make sure its not going to fall over.
What if a person had been walking by the john and it toppled over on top of them? Would the const. crew just pick it up and brush off the person and say "sorry"? I don't think so. Same thing here with the truck parked there.
Not an "act of God" but carelessness or negligence to take safety precautions and make sure the john is tied down real good.
Take the const. crew to the cleaners and make them pay.

X2 vv

 

[George_Pimpdaddy]

yea sounds like you can fight it but just have to be on it quick and mad lol

 

[Cowboy_80]

The way I see it, the const. company is liable because wherever they set the john down at, it should be fastened down with stakes to prevent it from toppling over. Whether it was fastened down good enough or not, they're still liable. Thats their liability to make sure its not going to fall over.
What if a person had been walking by the john and it toppled over on top of them? Would the const. crew just pick it up and brush off the person and say "sorry"? I don't think so. Same thing here with the truck parked there.
Not an "act of God" but carelessness or negligence to take safety precautions and make sure the john is tied down real good.
Take the const. crew to the cleaners and make them pay.

x3

She will have to fight over it. They would rather settle than go to court over a case that they will lose anyway.

Or she can tear the truck apart and clean it up with bleach. Long, hard process since it got into the cowl. Another option would be to take an aerisol can of Febreeze and grenade it in the cowl and the cab, and the engine compartment. Then repeat the process every other day for two years.

 

[BKinzey]

Use a product like Simple Green and hose it down every day for awhile. Removing body panels will help. It's NOT a lost cause. She just has to clean surfaces that are hard to get to. The smell won't seep into painted or plastic surfaces.

BTW, the cones will work against the construction company more than her having moved one. They knew of a potential danger. That's evident because of the cones being placed there. They should have better secured the port a jon. What if someone would have been using it? The cones wouldn't keep it from falling over. That's liability.

If the construction co. isn't doing anything and you can't find out who has insurance on the site contact a lawyer who will work on a contingency fee.

Should be a good lesson for her anyway on not parking in coned off areas even "for a second or two...."

 

[vortec]

BTW, the cones will work against the construction company more than her having moved one. They knew of a potential danger. That's evident because of the cones being placed there. They should have better secured the port a jon. What if someone would have been using it? The cones wouldn't keep it from falling over. That's liability.

that's a good point.

things are looking up for her, at this point, but she's pretty much giving up her ability to take it to court. an ex-biohazard guy at her church agreed to clean it for just the chemical/supplies cost, but his license/certification is long-expired, so he could get in trouble for having and using some of the stuff, supposedly. plus, she already took some cash from the const. company owner's son (he was the on-site foreman). he's basically afraid to get yelled at by daddy. it's more than enough to cover the expense of the cleaning stuff, and she doesn't really care about the body/paint damage (strange). the church guy started the cleaning already and she thinks things will be fine, so i guess it's taken care of. sounds like that guy was a godsend, literally .

i wouldn't have settle nearly so easily, though. i would have hammered on them until they paid for everything and them some through official channels, not a little under-the-table cash. whenever i've been in a wreck (never caused one) or anything similar, i push pretty hard. i'm not trying to be unfair to people, but if you smash me and/or my vehicle, you'd better be ready to pay not only to bring it and me back to normal, but compensate me for the aggravation annoyance and pain. yeah, i've played the "pain and suffering" card a bit, but it was justified and i wasn't unreasonable. head injury, back injury. yeah, it's justified.