# Overspray Liability Question



## BamaFan (Oct 27, 2008)

The company I work for has been spraying industrial coatings in the same location for 45+ years. Recently a company bought a lot at the end of our paint shed and built a parking lot there. They were advised against this by us in the beginning. Now 8 to 9 months later they call us once a month demanding we have the overspray removed from 50+ cars. We have had some of these cars done multiple times and there is absolutely no way for us to keep the overspray off their cars if they continue parking there and refusing to put car covers on.
So far my employer has been extremly understanding, even offering to buy car covers for the automobiles in question. The lost amount of money is now reaching $10,000+ and there's no sign of this stopping. Are we responsible for them deciding to make a parking lot at the end of a paint spray booth thats been there 45+ years.
Thanks for any help


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## DeanV (Apr 18, 2007)

I would call a lawyer for that one. I would guess that you are responsible for the overspray though. See what your insurance covers, but obviously if it is a continuous problem, the rates will get quite high to cover it. That is one reason I will not spray exteriors, I do not want to chance the over spray.

How old is your spray booth? Are they better ones available now that will prevent this from happening?


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## daArch (Mar 15, 2008)

BamaFan said:


> The company I work for has been spraying industrial coatings in the same location for 45+ years. Recently a company bought a lot at the end of our paint shed and built a parking lot there. They were advised against this by us in the beginning. Now 8 to 9 months later they call us once a month demanding we have the overspray removed from 50+ cars. We have had some of these cars done multiple times and there is absolutely no way for us to keep the overspray off their cars if they continue parking there and refusing to put car covers on.
> So far my employer has been extremly understanding, even offering to buy car covers for the automobiles in question. The lost amount of money is now reaching $10,000+ and there's no sign of this stopping. Are we responsible for them deciding to make a parking lot at the end of a paint spray booth thats been there 45+ years.
> Thanks for any help


Bama,

Yes call a lawyer,

But may I look at from a different point of view than yours?

Your paint is leaving your property and damaging others' private property. 

I'm not sure you would have a legal leg to stand on just because there was a vacant lot (not owned by you) next door for so many years and now a business is there. There is something to be said about being a good neighbor.

But, by all means call a lwayer who knows the laws of your community. 

good luck in resolving this

-Bill


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## Bender (Aug 10, 2008)

Arch said:


> 'm not sure you would have a legal leg to stand on just because there was a vacant lot (not owned by you) next door for so many years and now a business is there. There is something to be said about being a good neighbor.


I agree. This would be the same if they came and demanded you stop working on your property. Sounds like its time to update your spray systems.


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## Kelly Painting (Apr 17, 2007)

First off, next time you got $10,000 to throw at a problem, just call me.
For that amount I will fly down there and handle it.

2nd.. Couldn't you just build something to catch the spray for that amount of money?

3rd.. I payed out an insurance claim last year for overspray on a car. Tried to clean it off myself....and did damage.


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## Joewho (Apr 17, 2007)

BamaFan said:


> The company I work for has been spraying industrial coatings in the same location for 45+ years. Recently a company bought a lot at the end of our paint shed and built a parking lot there. They were advised against this by us in the beginning. Now 8 to 9 months later they call us once a month demanding we have the overspray removed from 50+ cars. We have had some of these cars done multiple times and there is absolutely no way for us to keep the overspray off their cars if they continue parking there and refusing to put car covers on.
> So far my employer has been extremly understanding, even offering to buy car covers for the automobiles in question. The lost amount of money is now reaching $10,000+ and there's no sign of this stopping. Are we responsible for them deciding to make a parking lot at the end of a paint spray booth thats been there 45+ years.
> Thanks for any help


If you look at it from a Real Estate point of view, they have the right to use the property they bought without fear of damage from anyone.
Your company should have bought the lot if they need it for overspray so much.

I'm willing to bet that it would cost way less than 10,000 to stop the overspray from going there to begin with.

And finally, rather than trying to finagle a losing legal battle, step up and be a man about it. Stop overspraying on the property.


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## ewingpainting.net (Jun 2, 2008)

Joewho said:


> And finally, rather than trying to finagle a losing legal battle, step up and be a man about it. Stop overspraying on the property.


:yes:


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## johnthepainter (Apr 1, 2008)

yes, control your overspray, and your waste. this argument about>>we were here first<< is not going to cut the mustard. you had it made for 45 years, now the area is progressing. no judge or lawyer will tell you its cool to dust peoples cars. it sucks, and i can sympathize. just spring for some decent filtration.


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## johnthepainter (Apr 1, 2008)

you can get a car buffed for $100. so if youve spent 10 grand, somthing is out of whack.


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## Joewho (Apr 17, 2007)

I don't intend to be a jerk about it. If that much overspray is gettting on cars, the cost is tremendous and each one of the car owners is a bad reference to the company.

It's a parking lot full of potential customers. I'd rather spam them with flyers on the windshield than with overspray.

Of course, you could always leave a bill and charge them for the free paint.


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## CobraCDN (Jan 8, 2008)

I'm surprised their lawyers have not contacted your boss yet. If your over spray is traveling to their property... and you know and have known that it does, your negligent!

kinda goes like this,

Prosecution: Mr X were you aware that overspray from your paint operations floated to the complainants property and settled and adhered to cars in the parking lot there?

MrX : yes

Prosecution: Further more Mr X, have you been aware that the overspray has been floating to the complainents property even prior to the complaintive owning the property?

MrX: yes

Prosecution: So would it be fair to say Mr X that you knowingly have been overspraying cars in the complaintive's parking lot?

Mr X: yes

Prosecution: MrX are you insane?
__________________________________
Cheers


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## johnthepainter (Apr 1, 2008)

10 grand could have purchased some filtration.


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## JNLP (Dec 13, 2007)

CobraCDN said:


> I'm surprised their lawyers have not contacted your boss yet. If your over spray is traveling to their property... and you know and have known that it does, your negligent!
> 
> kinda goes like this,
> 
> ...


Gotta agree with this. If I bought the lot I could care less what was next door for how long or what they did. What you do on your property should stay on your property. If it does not, you need to control it. Especially when dealing with overspray. What kind of business says "ohh well keep spraying, we warned them"? Fixing the problem in the beginning would save alot of money & piss alot less people off.

It's like you building a house next door to mine right where my dog likes to crap. Me warning you "hey my dog likes to sh!t right where your front door is going". All moved in & my dog continues doing his business on your front door step. Who would be at fault? Me for letting the dog continue rather than control it or you for building your house?


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## johnthepainter (Apr 1, 2008)

JNLP said:


> Gotta agree with this. If I bought the lot I could care less what was next door for how long or what they did. What you do on your property should stay on your property. If it does not, you need to control it. Especially when dealing with overspray. What kind of business says "ohh well keep spraying, we warned them"? Fixing the problem in the beginning would save alot of money & piss alot less people off.
> 
> It's like you building a house next door to mine right where my dog likes to crap. Me warning you "hey my dog likes to sh!t right where your front door is going". All moved in & my dog continues doing his business on your front door step. Who would be at fault? Me for letting the dog continue rather than control it or you for building your house?


^^^yes, in highly technical terms.


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## daArch (Mar 15, 2008)

JNLP said:


> What you do on your property should stay on your property.


Without getting political - cause some here KNOW how much I *hate* political discussions







- someone once described to me the libertarian philosophy:

_I don't care what you do on your property, as long as it STAYS on your property_.

I LIKED that.


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## JAYJAY (Sep 13, 2008)

Unfortunately what LIL WAYNE the rapper often says ( "move [email protected]#% get out the way, get out the way [email protected]#%") will not work in this case. Your spray is treaspassing, and as such is breaking the law. It is a bummer and I have dealt with overspray cases (FYI to everyone $100 will not get a car buffed the correct way, its $300-500 to get every speck off) and I know how frustrating they can be, but your boss is out of gas, its time to pony up on a new way to exhaust the droplets my friend.:whistling2: Its a shame he has sent so much coin down the rathole already.


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## Mantis (Aug 4, 2008)

JAYJAY said:


> Unfortunately what LIL WAYNE the rapper often says ( "move [email protected]#% get out the way, get out the way [email protected]#%") will not work in this case.


I just died a little inside.


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## CobraCDN (Jan 8, 2008)

Just one more thing.. the chance of this is minimal.. but does exist.. I mentioned negligence...

Employees as well as employers can be sued. There is no blanket exemption for employees, as is sometimes thought.

Usually only the employer is sued. due to the fact that they in most cases carry insurance which will cover damages and have more assets then the employees.

However, if the company does not have adequate insurance or their liabilities outweigh their assets, then indeed the employee will probably be sued along with the employer. 

If your a journeyman and knowingly are negligent in the duties of your employ, it opens you up even more for liability in a lawsuit.

I make this point for more then just Bamafan. It sounds like the company he works for can handle the liability thus far.

Maybe protecting your own keester would be an idea also.

Cheers


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## ewingpainting.net (Jun 2, 2008)

daArch said:


> Without getting political - cause some here KNOW how much I *hate* political discussions
> 
> 
> 
> ...


What if one get 10 dogs and never clean the crap up __ and the smell lingers to your property?_:gun_bandana:__
:boat:_


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## daArch (Mar 15, 2008)

ewingpainting.net said:


> What if one get 10 dogs and never clean the crap up __ and the smell lingers to your property?_:gun_bandana:__
> :boat:_


That's air polution !! 

Seriously, I think if you have sewage gases or decomposing bodies whose malodious airs are bothering the neighbors, the board of health may have some authority to demand a de-stinkifying


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## ewingpainting.net (Jun 2, 2008)

daArch said:


> That's air polution !!
> 
> Seriously, I think if you have sewage gases or decomposing bodies whose malodious airs are bothering the neighbors, the board of health may have some authority to demand a de-stinkifying


I need a lawyer, can you be mine?


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## daArch (Mar 15, 2008)

ewingpainting.net said:


> I need a lawyer, can you be mine?



As long as I get paid what I'm worth:


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## ewingpainting.net (Jun 2, 2008)

The case's are on there way, call me when you get them.


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## daArch (Mar 15, 2008)

ewingpainting.net said:


> The case's are on there way, call me when you get them.


:thumbup:


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## JAYJAY (Sep 13, 2008)

Mantis said:


> I just died a little inside.


Me to, One of my employees introduced me to his toxic waste!


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## JNLP (Dec 13, 2007)

JAYJAY said:


> Unfortunately what LIL WAYNE the rapper often says ( "move [email protected]#% get out the way, get out the way [email protected]#%") will not work in this case.


I thought that was Ludacris? :lol:


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## ComRemodel (Dec 11, 2007)

I don't know what state you are in but in NY you would be in a hell of a lot more trouble with the DEC then you are with your neighbor. Like thousands of dollars a day trouble. You have to be running afoul of federal environmental laws at least. I wouldn't worry too much though because it's only a matter of time until someone blows the whistle and they shut you down. This isn't China.


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## johnthepainter (Apr 1, 2008)

$300 to buff a car?? those are spoiled white boy prices,,,no wonder the mexicans are taking over


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## Mantis (Aug 4, 2008)

johnthepainter said:


> $300 to buff a car?? those are spoiled white boy prices,,,no wonder the mexicans are taking over


We had an incident 3 years ago on an exterior strip mall repaint. We were working from a lift and somehow managed to NOT block off one portion of the parking lot. Well, the wind picked up the spatters and overspray and carried it to 6 different vehicles parked there. We ended up having to pay for all of them to get the paint removed. It's a bit more involved than a simple buff. The finish gets clay barred and waxed, the plastic parts get scrubbed, the tires and rims get cleaned, it's quite a laborous process. Of the 6 cars we paid to get cleaned, 4 of them chose different detailers. The cheapest was $275 and the most expensive one was $350. One clown even expected us to pay for a rental car and time missed from work :no:.


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## BamaFan (Oct 27, 2008)

Thanks for all the responses, at least the opinions here make me feel better about this loosing battle. I guess I will have to recommend we look into some remodeling.


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## CobraCDN (Jan 8, 2008)

Good luck Bamafan, hope your boss seriously considers your recommendations  Let us know how it goes.

Cheers


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## Kelly Painting (Apr 17, 2007)

Like I said...for $10,000 we can handle it.


mob.jpg


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## jewels25 (Nov 28, 2009)

Removing overspray is not as simple as simply buffing. Trying to buff it off will often cause more damage. It can involve numerous techniques especially in regards to removing the overspray off the trim. Not to mention if you do not know how to handle these irate customers you may end up with someone demanding a new paint job.


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## Mantis (Aug 4, 2008)

Holy Necrotic-Thread, Batman!


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## tntpainting (Apr 3, 2008)

cant even get insurance in these parts if you spray unless you got alot of money to pi$$ away thats why i dont do it good luck on that one hope you got ins.


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## slickshift (Apr 8, 2007)

Mantis said:


> Holy Necrotic-Thread, Batman!


Pretty much yeah

Oops, I just bumped it up again...oh crap!!!!
*Dead Thread....Dead Thread!
Please Ignore...Please Ignore!*


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## daArch (Mar 15, 2008)

slickshift said:


> Pretty much yeah
> 
> Oops, I just bumped it up again...oh crap!!!!
> *Dead Thread....Dead Thread!
> Please Ignore...Please Ignore!*


I wish I could, but it was there, axing me to help you resussitate it 
I felt lost as to what to do


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## Mantis (Aug 4, 2008)

daArch said:


> I felt lost as to what to do


Just do whatever Locke says and you'll be alright


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## Rcon (Nov 19, 2009)

BamaFan said:


> The company I work for has been spraying industrial coatings in the same location for 45+ years. Recently a company bought a lot at the end of our paint shed and built a parking lot there. They were advised against this by us in the beginning. Now 8 to 9 months later they call us once a month demanding we have the overspray removed from 50+ cars. We have had some of these cars done multiple times and there is absolutely no way for us to keep the overspray off their cars if they continue parking there and refusing to put car covers on.
> So far my employer has been extremly understanding, even offering to buy car covers for the automobiles in question. The lost amount of money is now reaching $10,000+ and there's no sign of this stopping. Are we responsible for them deciding to make a parking lot at the end of a paint spray booth thats been there 45+ years.
> Thanks for any help


I'd think it would be fairly easy to get a couple of 3500 CFM ventilation fans and some exhaust filters (furnace filters work nicely) - waaaaay less than 10G's and no overspray worries! You can always get that slinky ducting and direct the exhaust air anywhere you like, even back into your shop!


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## bikerboy (Sep 16, 2007)

daArch said:


> Without getting political - cause some here KNOW how much I *hate* political discussions
> 
> 
> 
> ...


I don't like where this is going. If we start getting political, I'll have to shut this thread down!


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## premierpainter (Apr 17, 2007)

We are working on an exterior of three office buildings that we finished last week. Even though we blocked the entrance of the one building, these people still drove around the cones and tape to park under the building. OUr guys did not see that they were there and got primer on three cars. Of course they called the building owner and me. We brought the cars to a detail place and paid the amount of $160 per car. Not bad, but I think it is crap because they should not have been there in the first place. Lazy people could not walk the 200 yards extra and avoid overspray.


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## Kelly's Painting (Dec 3, 2009)

BamaFan said:


> The company I work for has been spraying industrial coatings in the same location for 45+ years. Recently a company bought a lot at the end of our paint shed and built a parking lot there. They were advised against this by us in the beginning. Now 8 to 9 months later they call us once a month demanding we have the overspray removed from 50+ cars. We have had some of these cars done multiple times and there is absolutely no way for us to keep the overspray off their cars if they continue parking there and refusing to put car covers on.
> So far my employer has been extremly understanding, even offering to buy car covers for the automobiles in question. The lost amount of money is now reaching $10,000+ and there's no sign of this stopping. Are we responsible for them deciding to make a parking lot at the end of a paint spray booth thats been there 45+ years.
> Thanks for any help


 you'd have a good argument. they knew the paint booth was there previous to making a parking lot and were informed of this but proceeded to build a lot anyway, now they want to hold u responsible for the damages. that's like standing out in the rain and expecting not to get wet. i would think if anything they would be responsible for deterring the overspray not you they knew what they were getting into. you were there 40 years prior to them that gives you the right of way


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## Kelly's Painting (Dec 3, 2009)

premierpainter said:


> We are working on an exterior of three office buildings that we finished last week. Even though we blocked the entrance of the one building, these people still drove around the cones and tape to park under the building. OUr guys did not see that they were there and got primer on three cars. Of course they called the building owner and me. We brought the cars to a detail place and paid the amount of $160 per car. Not bad, but I think it is crap because they should not have been there in the first place. Lazy people could not walk the 200 yards extra and avoid overspray.


i think they would have had to take me to court when an entrance is blocked with road cone that means dont enter next time hang a sign "PAINTING IN PROGRESS NOT LIABLE FOR PROPERTY DAMAGES INCURRED PARK HERE AT OWN RISK"


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## Sprayclaims (Sep 24, 2011)

*Potential Overspray Liability*

After reading about your problem, I suggest you either spray early in the morning, on the weekend, or at a time when the employees next door are not parked in the adjacent parking lot. Your are definitely responsible for the airborne emissions from your painting.

Your liability exposure is more than the damage caused to the vehicles as it could be causing health issues. Once these affected employees get the idea that they have health issues from the overspray, you and your insurance company could be involved in a very serious and expensive propositon.

Your company can be sued for negligence and possible be shut by the environmental authorities and heavily fined.

My experience comes from my company having handled thousands of overspray claims nationally.


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## Gotdibz (Sep 30, 2010)

you just Frankenstein this thread, 

but good to know.


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## Andyman (Feb 21, 2009)

This is an old thread, curious as to how it turned out...

Negligent for not using a filter system, yes.

There is also a term used in court that means "continuing to act and knowning the outcome" ie. parking where issues have arised before. However, a filter system that is probably required by law would prevent the issues. What I am saying is if you had special cargo that is heat sensative and you store it next to an oven instead of away from the oven, you can only blame the oven for so long before it is your own fault for knowing that the temperature is warmer next to it. (I know, random example)


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