The Glass Association of North America (GANA) has already made the statement that no one should ever use a metal razor on window glass. Therefore the moment you touch glass with a blade you void the warranty. In other words the moment you touch a window with a blade they are absolved of all legal liability. Since they made it so. But what if something else was used? Such as a soft plastic blade? Or a soft terry towel? And scratches resulted. Also what if a metal blade was used but did not scratch the window in question? In fact it is true that other things such as plastic "blades" can cause scratches if the surface is very scratch sensitive. It is also true that some glass is so smooth that metal razor blades just will not create scratches. The burning question that comes up again based on this information is exactly who is responsible for the damage done when cleaning windows that are scratch sensitive?
The window cleaner is usually blamed because that person was the last person who was in contact with the window. But what about the float glass manufacturer? What about the tempering company? What of the glass company who installed the defective glass? What of the window manufacturer who built the window using defective glass? Or what of the subcontractors who got paint, silicone, concrete, or something else all over the windows? What of the general contractor who had the windows installed in the building? There are SO many people who either directly handle or are involved with the glass from beginning to end.
Simply put this is a very complicated question to answer. It is in fact a question that cannot be answered without a detailed forensic analysis and inspection of not just the damage done, but also the details surrounding the case.
I have been called out to several different situations with problems very similar to what I am describing here. In one of these cases the insurance company had agreed to pay the price of glass replacement. The question that was asked was what person was responsible for the damage done. This had to be answered in order to determine whose insurance was going to pay. It was answered before I arrived at the scene of the crime. So I knew who was going to pay me. I was able to discover a much more reasonable answer other than replacing the windows on the house. Which made the insurance company very happy. Me too since I got paid well. It was a good day!
Written by Henry Grover Jr.
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