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Close on a slip and fall

Discussion in 'Commercial Snow Removal' started by grandview, Jan 22, 2015.

  1. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    Got a call today from a old folks home I plow, They want a copy of my log sheet of plowing and salting. So go over there and drop it off and ask what's going on. They had someone fall ,so I asked where.I'm only responsible for the lot,they do the sidewalks and the residents are responsible for in between the cars. They said the women is giving 2 different places where she fell. Thing is, they called me to salt on that day and the ambulance was are ready there, and they have to call me for salting.
     
  2. cmo18

    cmo18 Senior Member
    Messages: 815

    On call bases for salting has no liability
     
  3. John_DeereGreen

    John_DeereGreen PlowSite.com Addict
    Messages: 1,874

    That's a mighty broad statement to make.
     
  4. Defcon 5

    Defcon 5 PlowSite.com Addict
    Messages: 1,674




    Very Broad.............:eek:

    I bet the old ladys family is already thumbing through the yellow pages looking for a lawyer.......:nod:
     
  5. derekslawncare

    derekslawncare PlowSite.com Addict
    Messages: 1,003

    That sucks. Sorry the lady was hurt, but hope it works out in your favor. Doesn't sound like you did anything wrong or that it was your fault, but with today's juries always wanting to find fault and make someone pay, there's no telling how it will turn out until it is over. I wouldn't want to be in your shoes right now. Good luck, wish you the best.
     
  6. dlcs

    dlcs 2000 Club Member
    Messages: 2,149

    I would at least talk to my insurance company before I handed over any log sheet. Did they give you a specific time and place that she fell first? get a copy of an accident report before you hand anything over.
     
  7. Mr.Markus

    Mr.Markus PlowSite Fanatic
    Messages: 5,160

    We truly are brothers, I had to provide log sheets for a the 7th this month. First I heard of anything today, it was a morning that got salted and then a squall dumped about 3 inches between 6:30 and 9 am, the lot is full of cars by 7. Opened up lanes at 11a ...I'm sweating bullets.
     
  8. Broncslefty7

    Broncslefty7 Senior Member
    Messages: 631

    lets hope salting is PER CALL or at the request of the owner very clearly in your contract because they will burn u to the ground if not.
     
  9. BC Handyman

    BC Handyman PlowSite.com Addict
    Messages: 1,847

    Hope all goes well for you GV, at least you are smart enough to keep a snow log, I bet there are many guys who don't.
     
  10. northernsweeper

    northernsweeper Senior Member
    Messages: 397

    Good luck Grandview. I really do wish you the best.:drinkup:
     
  11. Flawless440

    Flawless440 PlowSite.com Addict
    Messages: 1,543

    We have a separate form customers has to sign releasing us from liability when they want "salting on call"
     
  12. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    Looking back on my phone. They called at 1205 pm I was there at 1215 pm .I was actually going that way that's why I got there that fast. Started salting and the ambulance was leaving.
     
  13. potskie

    potskie Senior Member
    from Ontario
    Messages: 769

    So the fall is what initiated the call for salting?

    Sounds like the Maint guy was off his game that morning.
     
  14. Dogplow Dodge

    Dogplow Dodge 2000 Club Member
    from NJ
    Messages: 2,911

    So where did she fall ?

    In the shower ?

    On the dance floor ?

    In her roommates excrement that made it to the floor ?



    :dizzy:
     
  15. JD Dave

    JD Dave PlowSite Fanatic
    Messages: 11,045

    It's not the old people who sue, it's the young and middle aged that are looking for the easy money. JMO
     
  16. SHAWZER

    SHAWZER PlowSite.com Addict
    Messages: 1,149

    You are right . Always younger relatives or siblings who " talked them into suing "
     
  17. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    Sent a request to the police for a copy of the police report on this.

    So timeline so far.

    Last plow and salt 1/12
    call for salt only 1/15
    call for log 1/22
    the call for salt was at 1205 pm arrived at 1215pm
    call to police for ambulance 1207 pm
    so they called me first before the police.
     
  18. Dogplow Dodge

    Dogplow Dodge 2000 Club Member
    from NJ
    Messages: 2,911

    You're obviously more important than any public figure.Thumbs Up


    Have you taken any bribes for over $4 million dollars recently ?
    :confused:
     
  19. Freshwater

    Freshwater Senior Member
    Messages: 891


    They're trying to push it on to you. "We did call for salt first" thing is these days everything is recorded to the minute. Best of luck to you.
     
  20. linckeil

    linckeil PlowSite.com Addict
    from CT
    Messages: 1,265

    All the time i hear people on this forum say that they hate doing residentials and only want commercials as it is less "hassle".

    well this slip and fall liability aspect is one major reason why i would never consider commercials. i'd rather deal with the occasional resi customer who calls me mid storm and says "where are you?" versus something like this happening. Not to say this couldn't happen in residential too, but it is a lot less likely.

    i've also built up a tight resi route where i gross more per hour than i could with commercial, so i have no reason to look into commercial. although this winter with the lack of snow and all the frozen precip, i sometimes i think i should get into salting - then i hear stories like this.....

    anyway, best of luck. we live in a sue happy world. personal responsibility has been removed from the equation. it's always someone else's fault.....