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LIABILITY (who's resonsible?)

Discussion in 'Business Fundamentals' started by M-Pact Snow, Jul 18, 2005.

  1. M-Pact Snow

    M-Pact Snow Junior Member
    Messages: 27

    Hi all, Heres the question we should all know the answer to. Who ultimately is responsible for slip and fall accidents? I herd answers both ways, I look at it as that I am "Contracted" to keep this lot clean and free of snow and ice, so why should the business owner be liable for your job. :help: Does anyone know the answer to this question?

    Hope this helps all of us!
    Thanks for the time.

    Fred
    M-Pact Snow
     
  2. Mick

    Mick PlowSite.com Veteran
    from Maine
    Messages: 5,546

    The business owner is responsible for any action taken on or by his "property". You can look at it like this - the owner is responsible for maintaining his business site. This includes entrance and exit sites. Whether he does it himself, through an employee or an independent contractor, he is still responsible. If someone is injured, he will be named as responsible. Now, he can attempt to show that the contractor was responsible for snow removal and thereby shift some or all of the liability, but it's his responsibility in the first place.
     
  3. M-Pact Snow

    M-Pact Snow Junior Member
    Messages: 27

    OK, so now tell me, do i need gen.liability insurance or will my comm. truck policy be good enough? Again, this goes both ways for me, some insurance guys so yes and some say no.
     
    Last edited: Jul 18, 2005
  4. Mick

    Mick PlowSite.com Veteran
    from Maine
    Messages: 5,546

    If you plow for pay, you need both Commercial Vehicle and General Liability insurance. The first pays for damage done during vehicle operations (act of plowing) and the second pays for damage from "completed operations" (slip and falls). Neither will cover what the other is designed to cover. If anyone says differently, have them point out the provision for this IN THE POLICY.

    Any claims made by any insurance person, you should get in writing. The insurance agent is not the one who has to make good on promises - it's the underwriter who will decide if a claim is valid. Always insist on written clarification of any point where you have a question. Don't be shy - I have a letter from the Underwriter stating that my "residential" policy will cover me for any commercial property as long as the total number of commercial accounts do not exceed the total number of residential accounts. I guard that letter more than I guard the policy itself.
     
    Last edited: Jul 18, 2005
  5. M-Pact Snow

    M-Pact Snow Junior Member
    Messages: 27

    hey mick, thanks for all the insight, i now have a better understanding of all this insurance and liability BS
     
  6. SIPLOWGUY

    SIPLOWGUY Senior Member
    Messages: 678

    If you own the truck be careful. I've worked too hard and long for what I have.
     
  7. Ken1zk

    Ken1zk Senior Member
    Messages: 192

    I have learned this important lesson:

    Insurance - the bill you hate to have to pay - until you have to make a claim, which is when you wish you would have bought more.

    Check with a good attorney as well as an independent insurance agent and make sure you have a policy that will cover you properly.