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during a storm slip and fall....

Discussion in 'Snow Management Safety & Training' started by cmo18, Nov 12, 2012.

  1. cmo18

    cmo18 Senior Member
    Messages: 815

    Hey guys, i've been in the salt business for a few years now but just recently picked up a new contract that is a truck stop that's 24/7.


    The contract is for seasonal plowing and salting. Every time were there we will plow and salt. Once we leave the site and it continues to snow, and some one slips and falls who is responsible for liability?

    Obviously we cannot keep it black top through out a storm, so how would you go about it?
     
  2. Plowtoy

    Plowtoy Senior Member
    Messages: 929

    If you have General liability insurance, you will be covered in the event there is a slip and fall after you have left the property. The truck stop should also have it and they should cover it, but their insurance will be looking to pass the buck to you. I would be sure to put in the contract, if you do not have general liability insurance, that it is not a "ZERO TOLERANCE" contract and that you will not be held liable of a slip in fall from an owner, employee or any other 3rd party. Best thing to do is have the insurance and have an attorney approve your contract wording to keep you safe from incidents like this.
     
  3. csi.northcoast

    csi.northcoast Senior Member
    Messages: 320

    lets face facts, if you plow there and someone winds up on there butt, you are getting sued. the best advice is to have good GL insurance. Sharks (ie attorneys) are going to drag you in and make you life hell no matter what it says in any contract.

    I don't cre if the parking lot is a clean as it can be or it is just flurring you are going to eat a big poop sandwich.. a good insurance agent can limit how big of a bite u take.

    happens to all of us sooneer or later
     
  4. BC Handyman

    BC Handyman PlowSite.com Addict
    Messages: 1,866

    This is why you keep snow logs, have insurance & have a contract, with the contract you will know when you need to be there.
    lets say 2" then when you plow you keep a log saying I plowed at 4:35am, the weather prior to was__ & during was__ I applied this much salt ect. then after you plowed during the storm & the guy says he fell at 5:00am & says the lot was covered in 1.5" of snow. your insurance will ask you to see your logs & contract. You can say I plowed it at 4:35 & returned at 5:40 ect. then your insurance will put it back on the property owners insurance since you fullfilled your end, & if it goes to court(prob would in usa;)) judge should see that you fullfilled your obligations.
     
  5. maelawncare

    maelawncare Senior Member
    Messages: 871

    Exactly. If you keep track of your times and do your job as you are supposed to. Then slip and falls are minimized. Nothing can give you 100% safety from it, but it helps. Just make sure you keep the lot cleared and put down lots of salt. If the store ever bitches about the amount of salt you use, make them sign a waiver releasing you of all and any slips, falls, accidents, etc. That is how I roll with my contracts.