5/11/23
Topic: Termite Liability & You — Part 1
Guest: Mark Ruff, attorney, MHR Law
In this episode we discuss:
The legal liability of providing termite services
The importance of using a legitimate legal contract, not cutting and pasting from another company's contract
How termite cases are litigated in Florida and where "double recoveries" come into play
What PMPs can do to protect themselves, starting with a good training program
What a good termite training program entails
How to ensure you're working within the regulations, which in Florida is "chapter 42"
Even if you do everything right, are you still going to get sued?
Where the bulk of the claims come from, in Mark's experience: 1). contract issues, 2). 13645 issues (inspection reports), 3). conducive conditions, and 4). treatment issues
Concerns related to salespeople and sales policies
The importance of documentation
Why you have to be able to walk away from some clients
How Donnie has implemented a bar code system for crawl space inspections
Caveats about baiting system inspections
Stories and strange things Mark has witnessed over the years
Resources mentioned:
PMP Industry Insiders Podcast Episode 48 with Mark Ruff: Legal Pitfalls in Pest Control
PMP Industry Insiders Podcast Episode 128 with Mark Ruff: Termite Liability & You — Part 2
Mark's contact information: MHR Law | 407-951-6679
Notable: "By fixing your contracts, you're alleviating potentially over 40 percent of claims that could be brought against you. Obviously, if you don't follow the terms of the contract, that's another matter. But at least start with a compliant contract." —Mark Ruff
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