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Am I just parnoid?

Discussion in 'Business Fundamentals' started by BGehl, Nov 21, 2008.

  1. BGehl

    BGehl Member
    Messages: 89

    For those of you who will plow someone out during a storm if they hail you down, do you have them sign a liability release?

    I just made one up. It is at this link: http://docs.google.com/Doc?id=dcsn4jtt_18d9sbrqfz

    Any feedback? Feel free to use the text yourself. However, it has not been reviewed by a lawyer, for what that's worth.
  2. terrapro

    terrapro PlowSite Veteran
    from MI
    Messages: 3,912

    no but ill write up a quick contract saying it is a one time event and im not responsible for any future ice or snow.

    whats is the liability release for? if you hit something? if they slip and fall because your ice melt didnt work? if someone gets into an accident because they cant see around your piles?

    all of those are your fault and you should be sued for the damages. instead of writing out your liability maybe you should focus on decreasing it.
  3. BGehl

    BGehl Member
    Messages: 89

    I write into all my contracts that some snow and ice are likely to remain and that i am not responsible for that. I offer to put down salt to all my residential's but just about everyone refuses, it is so hard on lawns and landscaping. But that leaves a high likelihood of ice, which i am not able to address due to my customer's decision. Their decision, their liability.

    From an industry perspective, yes, of course we are responsible for removing snow and ice. However, from a legal perspective you can write a contract to agree to just about anything.

    Especially if i don't have a relationship with a person, i am not about to risk everything just for $40 or $50 to open their drive one time. Someone can still use of course, but having this type of agreement beforehand goes a long way in front of a jury and, if nothing else, serves as a deterrent.

    In the end, i'll do a great job and if somebody is going to be greedy and sue, that is what my insurance is for. It is still a good idea to try to CYA.
  4. grsp

    grsp Member
    from indiana
    Messages: 89

    here is an issue along those same lines. i tell all my employees and subcontractors that no one is allowed to pull any vehicle when they are stuck. a few years back i was sued because of damage done to a cars bumper. they can drive people home (within reason) but the $1300 bill made my heart freeze cold.
  5. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    Most of the time they don't even know who you are.They stand in the street waving money to get plowed out.If you do break something in the yard don't take the money and tell them you were being a good Samaritan so they can't sue you. I think?
  6. BSDeality

    BSDeality Senior Member
    Messages: 736

    c'mon grandview, I thought you'd know better. We live in a sue-crazy world. Where else can a burglar sue the homeowner for falling through a skylight onto a kitchen knife? AMERICA!

    Gehls idea is right on. personally we don't do flag downs because of the other risks too, what if we get stuck or slide off their driveway? your regular customers are the ones who suffer, get pissed cause you stopped to take on a jackhole who was too cheap to hire someone to do it all the time.