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liability question on slip and fall

Discussion in 'Commercial Snow Removal' started by bribrius, Feb 5, 2008.

  1. bribrius

    bribrius PlowSite.com Addict
    Messages: 1,609

    i plow a few drives.
    i dont have a sander.
    i have had requests to sand but dont want to buy a sander and have avoided the subject because i figure by just plowing i am less liable for any slip and falls.
    i have no contracts. only verbal agreements.
    i know people with sanders who will do it and have been trying to choose who i want to use for it. If i have them do these drives where does the liability fall?
    i wouldnt have contracts with whomever i have sand them either. "just get it done" approach then i would get reimbursed by the homeowner.

    i have heard this going both ways as far as liability. just wanted to clear it up before i start getting people sanding.


    basically the homeowners dont want to shovel sand on their own driveways. i dont want the liability of it. i dont want to shovel it either. i do want them sanded as much as the home owner because plowing on ice sucks.
     
    Last edited: Feb 5, 2008
  2. Sno4U

    Sno4U Senior Member
    Messages: 480

    As far as I'm aware YOU are the main contractor and will be named 1 st in any lawsuit and then your subcontractor(sanding person).
    Whether you have a written contract or not it doesn't matter. You are the person being hired- whether in writing or other means.
     
  3. bribrius

    bribrius PlowSite.com Addict
    Messages: 1,609


    kind of what i figured.
    why couldnt you lie to me?:confused:
     
  4. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 8,436

    Liability what's that?
    Why are you so worried?
    Is it because you do not run a legitimate business?
    Or Is it because you don't carry Insurance?
     
  5. toby4492

    toby4492 2000 Club Member
    Messages: 2,513

  6. bribrius

    bribrius PlowSite.com Addict
    Messages: 1,609

    i had a good lawyer but he died because he was really heavy and riding a bike. heart attack. so i dont have one on retainer now.
     
  7. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 8,436

    Thats to bad, at least he didn't get hit by a plow truck.

    Why is a guy that plows for beer money concerned with slip & falls?
     
  8. toby4492

    toby4492 2000 Club Member
    Messages: 2,513

  9. Plowfast9957

    Plowfast9957 Senior Member
    Messages: 280

    Why would you have to worry about it? If someone had a lawsuit against me just tell them to call the insurance company.
     
  10. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 8,436

    What if you don't carry insurance and you can't call bribrius's atty as he passed away. (rip)
     
  11. J. Patrick Inc

    J. Patrick Inc Junior Member
    Messages: 8

    Basically a good rule of thumb is, you touch it, you own it... so soon as your plow touches down, its your liabailty.... pay your insurance, or get another lawyer
     
  12. bribrius

    bribrius PlowSite.com Addict
    Messages: 1,609


    i really did like my attorney. he wasn't cheap though. but always there.

    tried another but the new one didnt know anything. dumba$$. Couldnt even write me a lease without screwing it up.
     
  13. toby4492

    toby4492 2000 Club Member
    Messages: 2,513

  14. merrimacmill

    merrimacmill PlowSite.com Addict
    from MA
    Messages: 1,822

    Here we go.. lol
     
  15. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 8,436

    What do you think would be the cheaper route for a poor plower to go.

    Pay for insurance or pay your ATTY to defend you and possibly end up payingpayup a claim too?


    Hummm I DuNno? Seaems? Like? A No Brainer! To Me?
     
  16. toby4492

    toby4492 2000 Club Member
    Messages: 2,513

  17. bribrius

    bribrius PlowSite.com Addict
    Messages: 1,609


    you think like a scared consumer. i weigh risk vs. reward. if risk gets too high i get insurance. sooner roll the dice for now like vegas. if someone did sue me i would rather pay the lawyer. keep it in court for a couple years. i hate to lose and wouldnt want to make it easy on them. not just about the cheaper way to go.
    insurance companies just settle and raise your rates. or wait for you to not pay it out of pocket and try to put a claim in for damages and then raise your rates. insurance isn't required. if it ever becomes a requirement i will consider getting it. even then i might not. the fine for not having it would probably be cheaper than the insurance and i even like my state government more than insurance companies.
     
  18. toby4492

    toby4492 2000 Club Member
    Messages: 2,513

  19. merrimacmill

    merrimacmill PlowSite.com Addict
    from MA
    Messages: 1,822

    toby, where do you get all these smile faces lol
     
  20. toby4492

    toby4492 2000 Club Member
    Messages: 2,513

    Check your PM. [​IMG] all. LOL :D