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The Call

Discussion in 'Commercial Snow Removal' started by frue, Jan 14, 2009.

  1. frue

    frue Member
    from Pa
    Messages: 52

    Its 3:00 pm I am at home after checking my properties feeling good. Then the phone rings Hey we had a incident a lady fell. \What a terrible feeling on the inside to receive those words. second one in two years same spot, same place. The funny thing I was at this property 3 times in 24 hours.

    Thanks for letting me vent!
  2. That sucks. Do you offer a salting service? If the client doesn't take you up on a salting service you offered in your contracts then this will often get you off the hook with a slip and fall accident. Otherwise, I hope you have insurance...
  3. chcav1218

    chcav1218 Senior Member
    Messages: 954

    is that all they told you?
  4. Jay brown

    Jay brown PlowSite.com Addict
    Messages: 1,783

    i had one slip/fall Monday, they turned it into thier Work comp....there was only 1/4" of dry snow......guess what, i didn't salt...it's crazy around here, sometimes i'll get bitzed at for salting 1/4" of snow and others will bitz if i don't salt....
  5. frue

    frue Member
    from Pa
    Messages: 52

    yes I do. and yes I do. You cant be there 24 hours a day.
  6. redman6565

    redman6565 PlowSite.com Addict
    Messages: 1,411

    if you have insurance, you'll be fine, just be grateful it wasn't anything serious. I had a problem this year already, new years eve, we got blasted with 15" of snow in 8 hours and i had to plowed off the sidewalks and salted them 4 times and someone still fell. i mean the snow was so heavy it covered the salt and just kept piling up.
  7. just plow it

    just plow it Senior Member
    Messages: 131

    So here is a question for you guys, I plow snow and am fully insured, so when I come home and plow my driveway and get out of my truck and fall walking to my house, can I sue my business insurance for falling. It seems like that's what this world is coming to. Hopefully a judge will just throw it out if he had any common sense. It's winter, expect it to be slippery. What if you get in a accident on the slippery road and get hurt, can you sue your county for neglect? I sure don't think you can, so why can we as contractors get sued? this is a bunch of BS.
  8. CityGuy

    CityGuy PlowSite Fanatic
    Messages: 16,901

    I agree with you on that
  9. sk187

    sk187 Senior Member
    Messages: 319

    We get them all the time.
    Its a mall with 3 million or so sq ft to plow and people will always find a way to fall.

    I watch them come into the mall all the time, women in shoes with heels, old people with walkers and guys wearing little shoes with no grip - even some in shorts (wtf) all in near blizzard conditions.

    We have a few millions dollars of insurance and just let it go.

    I think last year we had 4 slip and fall or car accident claims against out insurance.
  10. Ramairfreak98ss

    Ramairfreak98ss PlowSite.com Addict
    Messages: 1,885

    damn that sucks, did they have to pay out anything for any of them? So now the car accidents are due to the contractor too? Havnt heard of them "yet".

    What happens when you "cant" salt a property thats sub contracted to you "until" they call you to do so? And then when are "you" technically on the hook to service the property?

    for instance... last night and at 4am this morning, we had the trucks go out to salt properties. THEN after it starts snowing hard for an hour, by 8:30am, another company calls me to give the approval to "pre treat" a handful of their properties, places we already drove past at 4-7am en-route to our other clients. Now are we liable after their phone call to us? Should we EVER be liable in any case because they neglected to salt ahead of time? I was at the time no where around some of the properties that they suddenly requested salting for during rush hour morning traffic while it just started snowing hard :/

    We just canceled some of their sites on our contract from November 08. Im considering canceling their entire contract since ive run into so many problems already with them.

    IPLOWSNO PlowSite.com Addict
    Messages: 1,619

    i have a freind that crashed his sled. he went to the hospital and said he fell on ice getting out of his truck. wtf i call him the compking now. hes one of those guys that can fall in **** and smell like a rose
  12. frue

    frue Member
    from Pa
    Messages: 52

    I have 2mil in insurance. Have a field day. I am not losing any more sleep. This is my second one and the first took 6 months to settle. I am def going to be smarter with my choices of business next time. The bank is high traffic at one point they had 1500 people come in on the first. Law of averages say that someone is going to fall with that kind of traffic.
  13. frue

    frue Member
    from Pa
    Messages: 52

    Here is the time linestarting three days prior.
    1-10-09 7:45am cleared the walks salted 1:05pm cleared the mac and the night deposit salted
    1-11-09 10:15 cleared the mac and night deposit box salted
    1-12-08 7:00am cleared walks and salted. 5:00 checked property clear
    1-13-08 no accumulating snow overnight but it waas going to snow all day starting at nine. 9:30 after a half inch fell check walks CLEAR. 2:30 checked walks after 2 inches fell CLEAR (it was a wet snow) 3:00pm bank calls and says customer fell at 8:25AM.

    I showed them the time line and they said I did everything I could of done. So what do you guys think?
    This is why guys you have to charge top dollar for your services. Managing liability is expensive.
  14. frue

    frue Member
    from Pa
    Messages: 52

    One day it all comes home to roust. I am a big believer in that.
  15. mkwl

    mkwl 2000 Club Member
    Messages: 2,361

    This is why I only do residential drives for now...ussmileyflag
  16. nekos

    nekos Senior Member
    Messages: 586

    the company i work for get's them all the time also ... i don't think they have even had one case make it to court.

    to the OP , i wouldn't lose any sleep over it. this wont be the last time you get that call.
  17. Lencodude

    Lencodude Senior Member
    Messages: 128

    My insurance agent told me a snowplow guy they insured got sued because a lady fell in the parking lot of her apartment building, he was plowing and she also went after the owner of the building also. All my commercial apartment buildings I refuse to salt and get the Superintendents to do it. The owners agree , I don't want the liability.
  18. plowzilla

    plowzilla Senior Member
    Messages: 289

    Tough luck Frue, This happened to my brother as well. The most important thing to cover yourself is documentation. Everytime you visit a site to service it, write it down. If there is a law suit, the lawyers from the insurance company will request any documents you have. And in the court of law, the more you show the better your odds. Heck, I would take some digital photos from now on at this particular site after every service. Good luck and don't sweat it.
  19. MAR4CARS

    MAR4CARS Senior Member
    Messages: 246

    Does the property have cameras?Sometimes they can help you sometimes they dont.
  20. KAG

    KAG Senior Member
    Messages: 114

    In my contracts with people it clearly states in bold and that they must inital off on, that I am not liable for any slips, trips, or falls.

    The funny thing is one of the big Insurance Agents that I plow for balked at signing it. I simply told him politely to get someone else then.