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Do I really need "slip and fall" insurance?

Discussion in 'Snow Management Safety & Training' started by vintage steel, Aug 3, 2012.

  1. vintage steel

    vintage steel Member
    Messages: 94

    I was thinking, if my entire business consists of two used trucks with a combined value of "maybe" $9000, what is the worst thing that could happen if my LLC was sued? I could loose two trucks? Am I missing something? Just a thought. I'll probably get insurance anyway, I was just wondering.
    Any thoughts?
  2. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    A good lawyer will come after you some way some how. But give it a try.
  3. blazer2plower

    blazer2plower Senior Member
    Messages: 544

    YES YOU NEED IT!!!!!! it's not that much for a million dollar liability and a million dollar gl I pay $2000.00 for six months if nothing its a piece of mind.
  4. ANA Proscapes

    ANA Proscapes Senior Member
    from NH
    Messages: 109

    I can tell you from experience that you should always have it. We do alot of condos and apartments and every year we have some one claim that they fell. You call the insurance company and they handle it from there. I deal with the first call about it and then never see the claim again. I would never be caught with out insurance. Good luck. Hopefully they don't take your house.
  5. csi.northcoast

    csi.northcoast Senior Member
    Messages: 320

    consider this..... you have two used truck and an LLC like you said....you get sued ....do you realize how much a shark (lawyer) is going to charge you to depfend your claim....

    The last suit i was involved in....got dismissed in 9 months time....the legal bill for my defense....( we never had a trial but i did give a depostion , ) was $35000.00

    most lawyers charge 2-300 and hour.....

    can you afford to defend yourself w/o insurance??????????????????
  6. leigh

    leigh 2000 Club Member
    from CT
    Messages: 2,342

    You can insulate yourself with some "funky" llc structures.Multiple llcs different states.Equipment owned by one llc,leased to another llc.I think it's Maryland that lets you register llc without the principles being known.Easier just to buy insurance.Sleep better at night.Besides your not paying for it your customers are.
  7. Plowtoy

    Plowtoy Senior Member
    Messages: 929

    I've never had GL insurance and per my insurance agent, says I really don't need it. Since 1998 (when i started) I have only had one slip and fall reported to me, and there was no action taken against me. My agent says that the property owner would have GL to cover just such incident. Is it different state to state?? Also, would a well written contract cover you for such an incident?? I guess I should check into this a little more huh?? And maybe go out and buy a lotto ticket
  8. nsmilligan

    nsmilligan PlowSite.com Veteran
    Messages: 704

    Beside the fact that all of my commercial comtracts require that we're insured, this is the biggest reason for carrying it, besides the cost of defense, the time and hassle invovled in responding to a claim would be too much to handle.
    Also if you were sued the clainant would sue the LLC,it's directors (you) , your driver, the property owner, the driver and property owner would counter sue the LLC and its directors,
    So if your single, don't own any property or any other assets, don't have any money in the bank, and don't intend to earn any in the future, then I think you would be OK to go ahead and plow without insurance.

  9. sn95vert

    sn95vert Senior Member
    Messages: 147

    On my contract, I specifically state I am not responsible for slip and falls.. There are contracts online you can find that are very specific on what is covered. or you can pay your lawyer 200 for a full in depth contract.

  10. Camden

    Camden PlowSite Fanatic
    Messages: 6,604

    x2 Great way of putting it.
  11. ANA Proscapes

    ANA Proscapes Senior Member
    from NH
    Messages: 109

    It doesn't matter what the contract states in reguards to slip and falls. The customers don't get a copy of your contract when they walk in to the local store that you plow. How are they to know that your not responsible for there slip and fall? They will still drag you in to court costing you time and money and lawyers fees. Do your self a favor and buy the insurance to protect your self and your investments from people looking for free money.
  12. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    There's an old saying, Sue everyone and let the judge figure it later. Just to get a lawyer on retainer will cost you more. If you have insurance ,their lawyers will handle it.
  13. coldcoffee

    coldcoffee Senior Member
    Messages: 776

    While it's important to have the right insurance, I'm resistant in giving it up so easy to every low life opportunist that is trying to get a free ride. Up until the last three years or so, I almost never was handed a claim for a slip & fall, now I get at least 1-2 per season. Ohio laws do protect the property owner to some degree...basically if you see snow or slippery conditions then you assume the risk to walk on it and are expected to take precautions to safeguard yourself, you assume your own liability. It doesn't mean that someone won't try to file a claim & it doesn't mean the insurance company won't try to settle. Professional opportunists are crawling out of the wood pile & looking for negligence on both the contractor as well as the property owner. This past year we had one at a hotel who booked a room and never made it down the hall to check in. The pavement was bare, but she fell pulling her suitcase just before she had to pay for the room & then got hauled away...the black panthers were in town.
  14. GSS LLC

    GSS LLC Senior Member
    Messages: 640

    i have had one slip an fall. i plow apartment complexes, and its on them. i make sure its that way with every property i have. they hire me to clear the lot. if they are pleased, then they assume liability because it is good enough for them.( i do an excellent job, im not ensuing i halfass it and they are ok with it)
  15. KBTConst

    KBTConst Senior Member
    Messages: 426

    You only have 2 trucks so you get sued for a slip and fall if what if the judge says sell the trucks give the money to the people and you have to pay the balance. can you survive with no trucks to plow with and if you can't pay the judgment against you that will be on your credit report till it gets payed off. So when ever you go to finance a truck to plow with that red flag will pop up every time. I have been plowing for over 30 yrs never had a claim hate to pay that bill for insurance when if comes in the mail, but I like that warn fuzzy feeling that if someone ever does call all I have to do is call my agent and he takes care of it. I would never take the chance and not have the coverage.
  16. blazer2plower

    blazer2plower Senior Member
    Messages: 544

    If you don't have the money take a line of credit out. Buy the all your insurance. Put the rest in the bank. And keep it there until you need it. For parts, the deductible. Or till you get money rolling in to pay it back. Question how much plowing do you plan on doing? If you have never plowed before. May I recommend that you sup for a year or two. And then. Slowly get bigger. There's a lot of people out there that make good money just suping.
  17. clark lawn

    clark lawn PlowSite.com Addict
    from NE ohio
    Messages: 1,233

    you really need to learn what an LLC is going to protect. If the incident is caused by your neglagence then the LLC will not protect you.
  18. sn95vert

    sn95vert Senior Member
    Messages: 147

    Luckly I deal with all residentials so I don't have to worry about others. And if I do, It will get handled by my lawyer..
  19. Mass-hole

    Mass-hole Member
    from Boston
    Messages: 35

    Your contract is with the property owner/ manager. Where is your contract with the person who slips? They haven't agreed not to sue you. Unless there is a separate indemnity section, that contact doesn't provide you any protection. You might want to pay a lawyer the $200...
  20. topdogdad1

    topdogdad1 Junior Member
    Messages: 5

    If i wanted to plow just a handful of residentials with my ATV, do you think insurance is still necessary or just make a contract as i viewed above that they sign? The ATV is the heaviest equipment i'll be using, maybe a 24" snow blower and a shovel for the small pavements.