Liability for windshield crack-out

[Bois]

Has anyone on this forum ever been threatened with legan action by a customer after their windshield cracked-out during a repair? How did you handle it and what was the outcome?
I had a windshield crack-out while trying to repair what looked like a simple "bat-wing" repair job. The chip was on the driver's side - upper corner 3" from top. The resulting crack was ~10" in length straight down from the chip. I offered to fill in/repair the crack but the customer wouldn't let me. I told him that the windshield was cracked when he brought it to me and that I was attempting to repair it. He says the windshield was not cracked but only had a "rock chip."
I'd like to know anyone's experience on this type issue. I've been in business 7 years and only had this happen once before. That time the customer was fully insureced so I agreed to pay his deductible. This time the customer has no insurance and a replacement windshield will cost over $700 because it's for a 1957 Caddilac DeVille (classic).

Bois

[bill lambeth]

I have been in this sitution before but I fix a 12 in crack that failed.It was a lynx job from all state.This lady was a real you know what.I bit the bullet and replaced it but it was not 800.O yea she lied to lynx from the start about what the damage was a chip turned out to be a darn crack.You are in a bad spot.I might offer to pay half,not reall sure if I would do that!Did you have him sign a waiver before you did it?

[Bois]

I have not used waivers in the past. I guess I better start - especially for high ticket windshields/vehicles.

Bois

[DryStar]

Well to be honest, trying to repair a windshield that is 54 years old wouldn't happen without a signed written waiver. Actually I probably would have passed on the job to begin with, even with a signed waiver. Glass that old is so unpredictable. Could he win in small claims court? Possibly!

Since the shield was already damaged... I'd offer to split the difference or spend your time fighting over it in court with the customer and plead your case. Sorry to hear you have to deal with this!

[Glasseye]

It would certainly be interesting to see if there has been any legal challenge to a failed repair in the past, I have not heard of any. Pre-warning the customer before attempting a repair is a must, especially when working on a vehicle like this ( high replacement cost). Also, the windshield is extremely curved which will have produced high tensile stress during manufacture, increasing the risk of a break out during repair. I am also surprised he does not have insurance on the vehicle, especially if it is a classic. If this is a " one off" customer I would remind him that the glass was broken, not chipped, and that you did offer to repair the crack but this was declined. You may choose to offer him an ex gratia, good will, amount to help with his replacement costs, but certainly not the amount he is claiming.

[Bois]

I appreciate all of your comments. I've decided to go ahead and pay for a new glass rather risk a small claims case and its hassle. The customer will pay for the installation and the rubber mountings. I understand that the rubber is quite expensive, too. A friend of mine who replaces windshields told me that he would not attempt the installation on this vehicle because of handling liability.

I'm going to create a liability waiver form to be used whenever I receive a request to do a repair on a high-end vehicle or classic like this one.

DK, I understand you have some liability verbage that you could share with me via e-mail? Thanks. And, DK, you can close this thread. Thanks.

Bois

[paulrsf]

Wow - I wouldn't pay for a new windshield. There is no getting around the fact that the customer came to you with a damaged windshield and at best it was unstable. Add that it is an old windshield and it is perfectly understandable why it cracked out. Perhaps you could have put it in writing that there was a chance this could occur, but there is still no getting around the fact the windshield was damaged when you attempted the repair. I would not let the threat of a small claims case throw you off either. The customer would have to prove that you caused the windshield to break. That would be hard to do since the reason he sought your services in the first place was because he already had a damaged windshield. I try to bend over backwards to provide great customer service but there are times when a customer will take you as far as you are willing to go. This may be one of those times. Just my opinion....

[screenman]

Glasseye, there was a case over here in the courts and the customer won. This was because he was not informed that it could break out whilst repairing. I think your old firm used the words " you will have to pay the excess when it breaks out" mind you using their equipment there seems to be a higher case of that happening.

[kenb81]

I wouldn't pay for a new windshield. The damage was already there and you were
attempting to repair the damage. Sometimes it doesn't work out the way you wanted.

[Kgobin]

Bois, I just emailed you a copy of the sample invoice and disclaimer. Below is what the disclaimer states.