Results 1 to 9 of 9
  1. #1
    Join Date
    Apr 2014
    Posts
    2

    Default Salesperson Stepped on Wet Concrete

    My question involves personal property located in the State of: California

    I just had wet concrete poured in my front walkway and porch last week. (The walkway adjoins the near side of my driveway; not the sidewalk)
    The contractor I'd hired to pour the concrete was in the process of acquiring some yellow "Caution" tape right when a door-to-door salesperson walked straight into the walkway, thereby ruining the fresh concrete. I had no appointment with the salesperson and he did not have an invitation.

    I've already had the contractor draw up his lowest-possible estimate on a concrete "overhaul". The plethora of available capital resides with the business who dispatched the salesperson, as it appears they are a nationwide corporation. Can I pursue this corporation (either at the local or national level) for 100% of the damages here?

    Any input or advice would be much appreciated. Thank you!

  2. #2
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Door-To-Door Salesperson Steps in Wet Concrete

    Probably not, was the area marked in any way that would make it noticeable that the concrete was wet? If not why not? You said that the contractor was on his way to get caution tape, on his way where? to his truck? To a store?

    I think the salesman would have more luck suing you for damaging his shoes than you suing him for damaging your wet, unmarked, unguarded concrete.

  3. #3
    Join Date
    Apr 2014
    Posts
    2

    Default Re: Door-To-Door Salesperson Steps in Wet Concrete

    There were no markings yet... By all accounts the contractor had just stepped to the side of the house to get the caution tape (it was on the premises).
    In other words, it was severely bad luck and timing.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Door-To-Door Salesperson Steps in Wet Concrete

    discuss with your contractor how to resolve the seriously bad luck and timing you and he suffered. The salesman is free and clear.

  5. #5
    Join Date
    Jan 2014
    Posts
    118

    Default Re: Door-To-Door Salesperson Steps in Wet Concrete

    Quote Quoting PhilB1120
    View Post
    My question involves personal property located in the State of: California

    I just had wet concrete poured in my front walkway and porch last week. (The walkway adjoins the near side of my driveway; not the sidewalk)
    The contractor I'd hired to pour the concrete was in the process of acquiring some yellow "Caution" tape right when a door-to-door salesperson walked straight into the walkway, thereby ruining the fresh concrete. I had no appointment with the salesperson and he did not have an invitation.

    I've already had the contractor draw up his lowest-possible estimate on a concrete "overhaul". The plethora of available capital resides with the business who dispatched the salesperson, as it appears they are a nationwide corporation. Can I pursue this corporation (either at the local or national level) for 100% of the damages here?

    Any input or advice would be much appreciated. Thank you!

    Your "poured concrete" is not personal property. The shoes that walked on it are.

    Your, "The plethora of available capital resides with the business who dispatched the salesperson" is pretentious pedagogery!

    You have not legal grounds to support a tort action because no tort was committed.

  6. #6
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Door-To-Door Salesperson Steps in Wet Concrete

    Quote Quoting PhilB1120
    View Post
    There were no markings yet... By all accounts the contractor had just stepped to the side of the house to get the caution tape (it was on the premises).
    In other words, it was severely bad luck and timing.
    If your contractor had truly just finished pouring and smoothing (I am sure there is a real term for this) the concrete, and stepped away for a minute only to come back to damage, why didn't he fix it then? It would have been significant;y cheaper and easier to repair it before it had set. Were you home at the time? was the issue discussed with you immediately? I could see a situation where you have a claim against the contractor, but not one where you have a claim against the salesman.

  7. #7
    Join Date
    Jul 2010
    Posts
    7,860

    Default Re: Door-To-Door Salesperson Steps in Wet Concrete

    Quote Quoting PhilB1120
    View Post
    There were no markings yet... By all accounts the contractor had just stepped to the side of the house to get the caution tape (it was on the premises).
    In other words, it was severely bad luck and timing.
    Sounds like the contractor should have had someone standing by until he had it marked.

    I also agree with the PP, why did they not fix it when they found it right after it happened?

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Door-To-Door Salesperson Steps in Wet Concrete

    Quote Quoting brownj12
    View Post
    If your contractor had truly just finished pouring and smoothing (I am sure there is a real term for this) the concrete, and stepped away for a minute only to come back to damage, why didn't he fix it then? It would have been significant;y cheaper and easier to repair it before it had set. Were you home at the time? was the issue discussed with you immediately? I could see a situation where you have a claim against the contractor, but not one where you have a claim against the salesman.
    yep, concrete is workable for a considerable time. If it was wet enough for a person stepping on it to cause a print, it was wet enough to work that print out.

    You pour concrete. Spread it, screed it, float it and finish it and if required, brush it or whatever final treatment that may be required. After it has set well enough, you cut break lines into it, if you haven't trowel breaks into it anyway.

    Me thinks this might be a homework question. This is a clue:

    I had no appointment with the salesperson and he did not have an invitation.
    setting the scene to describe the salesman's status between invitee, licensee, or trespasser. Why would a person who had actually experienced this bother to make this statement, especially including the term "invitation"?

  9. #9
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Door-To-Door Salesperson Steps in Wet Concrete

    I tend to agree, this smells an awful lot like homework to me.

    That said, no, OP, you would not have a cause of action, and your contractor needs a kick in the butt if he didn't fix the issue IMMEDIATELY. Even Qwikrete doesn't set THAT quickly. The contractor is at fault, not the salescritter.

    1. Sponsored Links
       

Similar Threads

  1. Contract Law: Can a Salesperson be Liable if Deals Don't Work Out
    By baldrick in forum Business Law
    Replies: 2
    Last Post: 12-16-2013, 06:04 PM
  2. Slander: Can a Salesperson Sue an Ex-Employer for Saying That He Stole His Customers
    By vznevada in forum Defamation, Slander And Libel
    Replies: 9
    Last Post: 05-16-2013, 11:11 PM
  3. Disciplinary Issues: When Can You Legally Take a Kickback from a Salesperson
    By xNeutrino in forum Employment and Labor
    Replies: 5
    Last Post: 08-30-2012, 12:47 PM
  4. Moving Out: How Concrete is a 30 Day Notice
    By Kcehlelny in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 01-14-2012, 12:19 PM
  5. Premises Liability: Stepped on Beer Bottle at Daycare's
    By zzkinnardzz in forum Accidents and Injuries
    Replies: 10
    Last Post: 01-28-2011, 02:01 AM
 
 
Sponsored Links

Legal Help, Information and Resources