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being sued

Discussion in 'Commercial Snow Removal' started by theplowmeister, Dec 3, 2015.

?

have you been sued by your RESIDENTAL customer for SLIP and FALL

Poll closed Dec 17, 2015.
  1. yes

    2 vote(s)
    5.4%
  2. no

    35 vote(s)
    94.6%
  1. theplowmeister

    theplowmeister 2000 Club Member
    from MA
    Messages: 2,551

    Who has been sued by a RESIDENTIAL customer for slip and fall?
     
  2. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 8,540

    whooo red text...
    You dont have to be sued to have had a claim against you.
    few go to court.

    Can I file a claim against a property owner if I slip and fall on ice or snow resulting from a storm?
    Yes. However, under Rhode Island law a landowner is given a reasonable amount of time to clear ice or snow from his property after a storm. Under Massachusetts law the landowner has no duty to clear a natural accumulation of ice or snow on their property. As long as the property owner didn't interfere with or alter the accumulation, and as long as no abnormal danger exists, it will be difficult to hold the property owner liable in states that follow this rule.
    If you slip and fall, you may be able to recover the cost of your medical bills by suing the property owner and perhaps even the contractor who was responsible for clearing away snow and ice.

    then if the home-owner slips and falls their home-owners does not cover it. so who do you think they will come after?

    If I have a slip and fall accident on my own property can I make a claim under my homeowner insurance?
    In most cases you cannot make a claim under your homeowner policy for injuries you may have sustained. Most homeowner insurance policies have an exclusion for people who actually live on the property.
     
    Last edited: Dec 3, 2015
  3. jhall22guitar

    jhall22guitar PlowSite.com Addict
    Messages: 1,044

    Not to go off topic, but some (Most in my area) towns require you to clear sidewalks on your property.

    We had someone slip and fall on the sidewalk down a side road (we have building on corner lot) and get hurt. They tried to file a claim but we found out that it was off our property line and was up to the town to file it, must have been a small loophole for us.
     
  4. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 8,540

    The city sidewalk is not your property.
    even if the city, requires you to clear it your not responsible , well short of icing in down yourself...

    If I slip and fall on a public sidewalk due to some type of defect with it can I make a claim against the municipality or State?
    Yes you can. However, the standard to show fault is much more difficult then proving a claim against a private landowner. Additionally, there are certain notice requirements that must be met when filing a claim against a City or Town. Failure to meet those requirements would bar your claim from going forward in court.

    ps they can't require to clear all sidewalks as they may not be the city's sidewalk but the homeowners.
     
    Last edited: Dec 3, 2015
  5. jhall22guitar

    jhall22guitar PlowSite.com Addict
    Messages: 1,044

    Im going to look into this, so thank you for the information Thumbs Up

    Luckily we have our plow guy handle it all (we have commercial space in the 1st floor so making sure they can open) and the town will come by and clear it if we call also. Its been 9 years now and that was the only close call we had.
     
  6. theplowmeister

    theplowmeister 2000 Club Member
    from MA
    Messages: 2,551

    Not that the red text helped there are still posts about town walkways.

    So who had a claim against them ?

    Im not interested in the esoteric any one can sue any one for anything... I want to know who ACTUALLY got sued or had to pay out to a RESIDENTIAL customer.

    DAMN there's that RED again
     
  7. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 8,540

    i see you have a yes in your poll.
    Sometimes folks don't want to air the dirty laundry in public...
    What was the original question?


    I wonder how the homeowner could be held liable for a condition
    that was made by a 2nd party that they did not know about?
    Who is going to pay for the neighbors arm that was broken when they came to visit ? d


    Op what is the basses for your question?
    Do you belive the service provider has no liability when clearing snow from a residential property?
    IE,that the liability falls on the home owner/tenet?
     
    Last edited: Dec 3, 2015
  8. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 8,540

    And that a injured 3rd party can't go after the service provider?
     
  9. spencers

    spencers Member
    from Utah
    Messages: 89

    Here in Utah they say you have 24hr to have you place cleared. We had a guy that just wanted us to plow is place and he didn't want to spend extra on the salt and icemelt. Well a person fell on his property and he ended up paying because yes he plowed it but there wasn't icemelt or salt. I would say if the home owner wanted you to salt it or icemelt it and you didn't and it was past a day then I would say your screwed. If the home owner just wanted you to plow it that's the home owners fault and you have nothing to worry about. Yea they will take you to court and yes you will win. Also I wouldn't be doing their place anymore unless you signed a contract with them.
     
  10. 1olddogtwo

    1olddogtwo PlowSite Fanatic
    Messages: 11,527

    I wonder how many contractors are actually sued?

    My guess .000001.
     
  11. theplowmeister

    theplowmeister 2000 Club Member
    from MA
    Messages: 2,551

    gata add txt to post
     
  12. derekslawncare

    derekslawncare PlowSite.com Addict
    Messages: 1,003

    Well here in KC, the city REQUIRES all homeowners (by city ordinance) to clear their sidewalks within 48 hours of the end of the storm. If you do not, and they either 1) receive a complaint or 2) codes enforcement sees it, they can and will issue a citation. The city's reasoning for having this is so that kids are not forced out into the street while either walking to school or to the bus stop. Having said that, MOST of the time, it isn't enforced except when we get the really deep storms that make it impossible to walk on the sidewalk if it isn't cleared and then it is ALL OVER THE NEWS THAT THEY WILL BE ENFORCING IT, (same as parking violations on posted snow routes).
     
    Last edited: Dec 3, 2015
  13. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 8,540

    Ok, it's the same here.
    But this is thread is not about the city sidewalk.
    But it was brought up.
    And it is the city's sidewalk, they have a easement, they are making the citizen responsibel for clearing for them.Thumbs Up.



    It's about being sued from a slip fall that stems for you plowing/shoveling/ snow blowing a residential drive.
    At least that's how I took it.
     
  14. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 8,540

    I don't know what to tell Ya?
    I have only heard of one maybe 2 members who have been sued for a slip fall.
    So why have insurance?

    Do you think becuse you only plow residential drives ( for money)
    that you don't need insurance?


    So you slip fall get injured and it is the underage persons fault.
    Just for discussion.
    You don't have a case and should not be compensated, becuse it's residential?
    Who is going to pay. A kid has nothing..
    So who.
    As homeowners ins doesn't cover the home owner.
    And if you own your home, home owners is optional.
    What if you are 85yr old and you just wanted to get the paper?
    Or now the mailman falls, remember they don't have homeowners ins to pay.
    They are in dept.
    So who are the lawyers going after?
    Right the snow removal guy...

    But your right no one ever gets sued.
    Or they don't want to talk about it?
     
    Last edited: Dec 3, 2015
  15. Dogplow Dodge

    Dogplow Dodge 2000 Club Member
    from NJ
    Messages: 2,968

    BAD MOJO, !!


    :waving:
     
  16. BUFF

    BUFF PlowSite Fanatic
    from FR NoCo
    Messages: 7,263

    Simple we have a new 15 yo wanting to shovel drives to make $ and people are giving him a hard time, ins being one of the clubs being wheeled about.
    Ive been plowing for 29 years ~ 100 drives a year I know 4 other plowers that plow ONLY residential NON of us have been sued or taken to task over slip and falls. one other Plowsite member said his ins agent had never herd of a residential customer suing there plower for slip and fall.
    Suing for not showing up sure.

    Do you belive the service provider has no liability when clearing snow from a residential property?
    IE,that the liability falls on the home owner/tenet?
    Again not interested in WHAT IF


    I read the kids post and don't think any clubs were being wheeled. Members offering were advice along with pointing out it takes more than equipment and gumption to run a snow plowing or any other business. Several members suggested to seek work from family friends and neighbors to keep exposure at a minimum. I don't agree with this due to how the majority of society no longer possesses common sense and feels they are entitled to compensation for their own stupidity.

    Slip and falls are just one of the issues we encounter in the snow removal business, there's also property damage which I would venture to say is more of a issue than slip and fails. A large number of PS members also work the green industry too, slip and fails aren't or shouldn't been an issue but yet they carry a GL policy for protection. Both industry's have the same hazards when it comes to property damage and exposure to lawsuits. To tell a kid or anyone else you don't need insurance when starting a snow or green industry business is wrong. As adults, professional service providers and business owners we should be obligated to given sound advice to the younger guys/gals in hopes of them starting off in this profession on the right track.
    Insurance is a must to protect yourself and your assets incase of an lawsuit, to say otherwise is wrong.