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1st Bad letter in the mail today

Discussion in 'Commercial Snow Removal' started by spiviter, Dec 17, 2010.

  1. spiviter

    spiviter Member
    from chicago
    Messages: 74

    I just got a letter from some insurance compay today saying their client slipped and fell on ice as she exited her car in the parking lot. Hard to believe there was ice in the lot as it was snowing all day. I think I have to take a trip to her house and visit her and slip and fall in her driveway....

  2. Banksy

    Banksy PlowSite Veteran
    Messages: 3,113

    That old bag needs to move to Florida. Slip and falls on snow and ice are freakin' BS!!

    I've fallen from slipping on ice at businesses once or twice and it never once crossed my mind to sue. Ever since that ****** spilled McDonalds coffee on herself it's been open season for lawsuits over anything.
    Last edited: Dec 17, 2010
  3. leolkfrm

    leolkfrm PlowSite.com Addict
    Messages: 1,338

    your records of salt application will be important
  4. ColumbiaLand

    ColumbiaLand Senior Member
    Messages: 790

    I know NY has a "storm in progress law" to help stop things like this from happening. Check to see if your state does
  5. clark lawn

    clark lawn PlowSite.com Addict
    from NE ohio
    Messages: 1,233

    its chicago, its winter! expect it to be slippery!
  6. yardsmith

    yardsmith Senior Member
    Messages: 248

    you or your attorney figure out a way to get it claimed as nature/natural, an act of God....... that usually can get you off the hook.
  7. hlntoiz

    hlntoiz Senior Member
    from NW, CT
    Messages: 588

    Do you have Plowing Ins? if so they should be receiving a letter and taking care of it. That is why you have Insurance.
  8. Rc2505

    Rc2505 PlowSite.com Addict
    Messages: 1,245

    Yeah, you need to forward a copy of the letter to your insurance company. That is the one reason I like plowing in Ohio. You can't loose a slip and fall case unless it's been more then 24 hours since it stopped snowing, and they can prove you didn't make a reasonable attempt to clear your snow and ice. Lawmakers actually stepped up and did somthing right for once.
  9. tjlands

    tjlands Senior Member
    Messages: 574

    Wow that would be nice here in NJ
  10. pvtben121

    pvtben121 Senior Member
    Messages: 226

    this is exactly how the law states it? if so that will be great
  11. Rc2505

    Rc2505 PlowSite.com Addict
    Messages: 1,245

    That is how it was explained to me by my lawyer. He was reading it to me with all the big words, and I said just explain it to me so even a dumb old guy like me can understand it. So what I typed is how it was explained to me so I could understand it.
  12. Mdirrigation

    Mdirrigation Senior Member
    Messages: 408

    Until you get served with a lawsuit it is nothing more than a letter . They have to sue the property owner first
  13. buckwheat_la

    buckwheat_la 2000 Club Member
    Messages: 2,254

    Given the way your title is worded, are you expecting more bad letters? I wouldn't worry too much about this, you have insurance for a reason, they well take care of it.
  14. Fourbycb

    Fourbycb Senior Member
    Messages: 574

    I have a stupid question and sure will get a ton of feedback

    I have a few customers who want there lots plowed but do not want to pay for or have Ice control thrown down how does this play out of slip and falls. Is the libality rest solely on the customers and not me, I have in the past done Ice control on there properties but this year they have chosen to not have it done, am I opening myself up to trouble or not
  15. White Gardens

    White Gardens 2000 Club Member
    Messages: 2,665

    You need to write up a good contract that states you are not liable for slip and falls if you aren't able to provide services to keep that from happening.

    Talk to a lawyer.
  16. fireside

    fireside Senior Member
    Messages: 657

    I plow two locations that i provide no ice control i only provide snowplowing services. It is clearly stated in the contract and the owner signs a refusal of ice control letter notorized so they can't claim they never saw the excussion of ice control
  17. hlntoiz

    hlntoiz Senior Member
    from NW, CT
    Messages: 588

    Any commercial/public account that doesn't want salt or want to be per their discretion has to sign a waiver relieving me of any liability. Otherwise all commercial accounts get pretreated and salted at my discretion.

    Here is a general waiver liability:
    View attachment Plowing.Disclosure.Template.doc
  18. paponte

    paponte Senior Member
    Messages: 717

    Columbia, doesn't that law only cover the property owner? I thought we were liable once we touched it.
  19. cubicinches

    cubicinches PlowSite.com Addict
    Messages: 1,412

    Absolutely correct.

    Exactly who is the letter from?

    If you haven't heard from the property owner(s), and if the letter wasn't sent registered mail... I'd throw it in the trash and move on. If some legal action against you is really going to take place, you'll know soon enough.
  20. basher

    basher PlowSite Fanatic
    from 19707
    Messages: 8,990

    Send the letter to your insurance agent immediately if not sooner. DO NOT talk to any one but your lawyer. Outside of that all you can do is wait.