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Damn Lawyers?

Discussion in 'Commercial Snow Removal' started by derekbroerse, Nov 29, 2004.

  1. derekbroerse

    derekbroerse 2000 Club Member
    Messages: 2,377

    Has anyone on here every been sued for anything plow-related or salt/sand-related?

    It looks like in the near future I am going to be officially salting and have to admit being a little concerned about it....

    My lawyer-in-training friend told me if salt is put down then effort has been shown and there is no negligence. Also she says they sue the landowner's insurance, not the contractor.

    Maybe things are different here in Canada?

    Any experiences with this sort of thing?
     
  2. Tarkus

    Tarkus PlowSite.com Addict
    Messages: 1,113

    I knew of one guy that got sued and lost too because he advertised a snow removal bussiness and did a job and some nut sued him for not removing the snow from his property as he cleared it from the driveways and a small lot. The guy claimed he hired him because his ad said snow removal not plowing or clearing. For what it is worth.

    (fixed typo's)
     
    Last edited: Nov 29, 2004
  3. snooker

    snooker Member
    from Zone 7
    Messages: 77

    How about snow/ice management?
     
  4. streetsurfin'

    streetsurfin' Senior Member
    Messages: 770

    Tarkus, I wonder if the arguement "I moved it once, then moved it a little farther back, therefore I re-moved it", would've worked. :D
     
  5. Tarkus

    Tarkus PlowSite.com Addict
    Messages: 1,113


    It was crazy to say the least when I heard about it but I no longer advertise or state snow "removal" in any form by default
     
  6. fernalddude

    fernalddude PlowSite.com Addict
    Messages: 1,105

    I was sued a few times for slips trips and falls but each time they tryed i was not even on the property at the time of the injury. So one larger prop owner wanted me to carry a policy on his prop screw that i said and finished out the season and never went back so now i add that in the contract something like this Subcontractor shall not be considered property owner or responsible party in the event of damage or injuries outside the scope of work (exhibit #a lines 1,7(a),10) at above locations. Has worked for me might help guys :gunsfiring:
     
  7. Crash935

    Crash935 2000 Club Member
    Messages: 2,377

    We were drug into court on a slip and fall years ago, accurate records showing consistent service and services provided (snow plowing and salting) over a couple of years at the site saved us. Judge took one look at all the records for the property and said " you guys are darn consistent and did what your contract says your supposed to do, you are dismissed from this case".
     
  8. roidman81

    roidman81 Member
    from nj
    Messages: 32

    This discussion should be a form on the main site. i read peoples treads all the time and it shocks me as to how ignorant to the exposer to liability in the snow removal business. Its not a joke its not for fun its dangerous risky and potentially life treating job to do!
     
  9. derekbroerse

    derekbroerse 2000 Club Member
    Messages: 2,377

    Anyone else?

    I mean you hear about these things thru newspapers and such but never the outcomes...

    For all the members here I can't see this being all of it :D
     
  10. Tarkus

    Tarkus PlowSite.com Addict
    Messages: 1,113

    About 20 years of it now and nobody has even threatened to sue me.