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Liability Issues

Discussion in 'Commercial Snow Removal' started by grassyfras, Oct 23, 2007.

  1. grassyfras

    grassyfras Junior Member
    Messages: 15

    What am I liable for if I'm contracted out to do snow and ice management? If I don't get their as soon as the snow falls and someone gets hurt am I liable? What if it happens after I'm their and service the property? I got a million more what if's like this but you guys get the point in what I'm asking. I really just need to know what is expected out of me as a contractor and what is getting a job done right in a timely manner when a big snow event is going on. Also, what kind of liability issues have you guys experienced personally?
  2. Snowpower

    Snowpower Senior Member
    Messages: 636

    Negligence must be proven. Snow and ice is slippery. Everyone knows that. Even the judge. The best you can do is be protected with good insurance on your business affairs, AND vehicle, and if theres a claim, let the insurance companies figure it out, and if it goes to court, let the judge figure it out. And be careful, and pro active.
  3. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    I noticed you joined in 2000 what have you been using since then, or didn't you have anything?
  4. LwnmwrMan22

    LwnmwrMan22 PlowSite Fanatic
    Messages: 27,859

    I'm in the middle of a slip and fall incident right now, lady blew out her knee on ice at a strip mall I service last December.

    Anyways, as of right now, both mine and the property's insurance companies have denied the claim.

    It's in my service agreement that all salt service is to be called from one office before service is performed.

    I was called at 9:40, was onsite at 9:50, the gal slipped and fell at 9:50, fell as I was pulling into the parking lot, I saw her do it.

    Anyways, the property contact was trying to say they called 5 times that morning and I never responded. That was an easy proof, since I do all of my work on cell phones, so have instant notice of all calls coming in through phone records.

    Then they were saying that my truck was at the lot at 8 am, that they saw me there, that my white truck was stopped and they didn't call because they believed that I was already servicing the property. I have a dark charcoal truck that I bought in September of '06, no longer have the white truck.

    I also used Weather Underground to print off 3 days of weather, both that day and the previous 2 days. The weather observation place is 3 miles from there, so the stats are going to be pretty exact. Nothing had precipitated then, nor had there even been temps below freezing.

    I know exactly what happened, and I told my insurance company why it was slick there, but I've put it in writing to the company that owns the property as to why they should pay me to check this area, but they've declined in writing. What happens is at the entry doors to each tenant in this 8 tenant strip mall, they have peaked overhangs that collect snow.

    Well on the north side, these peaked overhangs will collect the snow, then when the temps are warm, they'll melt, snowmelt runs down the gutters and coats the parking lot. In the wintertime, the parking lot is frozen, ground temps, and it's shaded by the building from the sun (sun is too low in the sky). Then at night there's a refreeze, so until 11-noon, you have an area that's got black ice That's what the gal slipped on.

    I feel I've done everything I can do to protect myself. The property management has signed off that I'm on call as far as ice control. There's one specific number they can call, I answer and respond with 10-15 minutes, whether I'm naked in the shower, or sitting in the truck with the engine running.

    I keep records of everything, have other records to back me up.

    After that, all that's left to say is..... GOOD LUCK!!
  5. grassyfras

    grassyfras Junior Member
    Messages: 15

    Grandview- I don't plow yet just interested in it. I worked for a company a few times, thats all.

    So it sounds like just to have the right insurance and do the best you can...

    lwnmn22- It sounds like they don't have a chance good luck.

    Thanks guys!
  6. heather lawn spray

    heather lawn spray PlowSite.com Addict
    Messages: 1,206

    And this is why I hate overhangs and re-freeze