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liability if commercial company says they do not want sand?

Discussion in 'Commercial Snow Removal' started by mdscarpa, Oct 18, 2009.

  1. mdscarpa

    mdscarpa Junior Member
    Messages: 13

    I have burger king as one of my accounts... they say they do not want sand because of the mess and they do not want to pay for salt, they just want me to plow. Someone told me this opens up a liability on my part because if someone slips and falls they are going to ask why it was not sanded properly. If the company explicitly declines sand/salt does it increase my liability??
  2. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    Call your insurance company and your lawyer about this and get BK to put it in writing.
  3. nekos

    nekos Senior Member
    Messages: 586

    We have a lot like that. Before we start their lot we make them sign a waiver type deal that basically says they are taking full responsibility for no salt.

    Talk to your lawyer and insurance company like Grandview said.
  4. AC2717

    AC2717 Senior Member
    Messages: 669

    I will need to protect yourself:
    Set up a new contract for them outlining that you will not he held liable for damage to property, vehicles, and injury for customers and staff. Just make it detailed
    Then also have a waiver stating the same thing and have it signed. Then give copies of both to your insurance agent so they will have them on file as well as you having them on file as well, suggest he/she give them to the insurance company to put in with your policy, so if a claim arises and you do not know about it it will be headed off at the pass, instead of going through a period of reveal. If you can I will get informaiton about the insurance for the BK operator. SO if a claim comes it it can immdeiatly be sent to their carrier instead of it having to be paid by yours then your carrier chase the money down through subrogation. Which could take years

    DAFFMOBILEWASH PlowSite.com Addict
    Messages: 1,581

    Move on !! You make most of your $$$ salting. Who needs the agrevation of plowing a ice packed lot. Plus people who see your trucks will think you are second rate company.
  6. basher

    basher PlowSite Fanatic
    from 19707
    Messages: 8,990

    Get help with the legal language but you need to have it in the contract. Something along the lines of this contract covers plowing services only any and all aplications of sand/salt will be at the owner's instruction and allow yourself an eight hour window to perform the service. Bill material application higher then if you did it while you were there plowing, because now you are making a special trip

    I don't think I'd plow a fast food resterant parking lot with out either ice melt or traction enhancers. To many moving cars and people in a tight place to be worrying about traction and control, increases the odds of hitting someone/thing. But worse is the Bozo in his Honda Del Sol; texting with one hand, a Double Whopper jr with cheese in the other, sliding into you and putting you out of business..
  7. Ramairfreak98ss

    Ramairfreak98ss PlowSite.com Addict
    Messages: 1,872

    well we wouldnt even deal with them.. but its up to you, id have it all in writing up front, but its probably a tiny account anyway to have a lawyer look it all over :/

    I know dunkin donuts ask for this, so we never do them... theyre cheap dont pay and will have slip and falls.. have seen it in the one near my house just last year

    It also gives you NO income until theres plowable snow and still you can be on the hook for lawsuits, but wont get far with a signed doc from the bking.. if theyre that cheap look somewhere else for an account.
  8. jimspro

    jimspro Senior Member
    Messages: 200

    people look for situations like that, then fall and call their lawyer they have on speed dial, even with a waiver you still could be liable, as a few others said, you are just looking for trouble and you know there will be ice. i would pass
  9. doo-man

    doo-man Senior Member
    Messages: 387

    We signed a BK and they said the same mumbo jumbo but I said we either plow/salt or we no do. He signed and agreed to allow us to salt.. I think it depends on whom you talk to but time will tell I havent submitted a bill yet !!!!
  10. redman6565

    redman6565 PlowSite.com Addict
    Messages: 1,411

    have them sign off in writing that that assume all liabilities if they wish to dictate when you can and cannot salt. thats what we use and its never failed
  11. doo-man

    doo-man Senior Member
    Messages: 387

    Exactly what we did I said we choose when to salt and they signed off on a release of liability also !!! Totally removes liability from us and puts it on them solely prsport
  12. Runner

    Runner Senior Member
    Messages: 957

    Even then, it has to be worded correctly. This is contract/personal injury attorney territory. There is a group around here that do a bunch of Taco Bells and have never put down any salt. they have been very very lucky so far, but it is all just a numbers game...Sooner or later that number comes up, and the longer it has been, the greater the chances. On top of that, many of these fast food places - what they do is not want the walks done either (to save money). Well,... they get Timmy the french fry kid to go out and shovel it after the trucks have left. And where does Timmy shovel it? You got it...right out into the gutter where people have to step over it. What is worse, is as this stuff melts down and refreezes there, you have the ice. Now,...in the event of a lawsuit,....that isn't going to come down on Timmy,....Guess who is going to be blamed?
    This makes me think of the way cool story about the witchy Arby's manager who didn't want salt. She ended up with a cast.
  13. jb3nh

    jb3nh Member
    from eastern
    Messages: 36

    just to throw in my 2cents.. I know restaurants are tight with the purse-strings, however in my contract, written in very clean and clear english, salting and or salt & sand is at the contractors desecration and to par with industry standards. Never had a question or complaint about that clause. If they say bare pavement by the open of business then thats what i will give them. It also states the contract that if they wish to decline salt & or salt and sand for any reason then i must be notified in writing. Maybe i'm paranoid but it works for me.
  14. terrapro

    terrapro PlowSite Veteran
    from MI
    Messages: 3,868

    I have two BK's and they do not want salt but salt by request only. They even have the only two peoples names on the contract that can request the salt.

    I am not worried about it.