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Liability for sanding and salting?

Discussion in 'Business Fundamentals' started by blee1ash, Jan 13, 2011.

  1. blee1ash

    blee1ash Senior Member
    Messages: 107

    I do a couple of small lots for 2 motels. I have done them for several years, and have not had any problems yet, nor do I expect to. I'm wondering about the liabilaty for slips & falls.

    I do not use a contract - per say. I send out a bid each fall with my rates, when the lot will be done, ect. I don't believe it is a contract, either party can discontinue at any time.
    In my bid I clearly state that sanding and salting will not be done unless requested by the owner / manager.

    If requested I call a subcontracotr to sand and salt the lots. They have only requested sanding and salting 3 times in the past several years.

    I'm just wondering, if by saying it will not be done unless they request it, if it would release me form some of the liability for slips fall ect. I do carry general liability ins. but I would rather not have to use it.

    Thanks for your input.
  2. Crestview

    Crestview Junior Member
    Messages: 29

    I don't have an answer for you, but I would like to expand your question.

    If you DO salt the lot and someone STILL falls, who is responsible?
  3. Rc2505

    Rc2505 PlowSite.com Addict
    Messages: 1,245

    There is a huge spectrum that those kinds of questions have answers. Each state, and or local ordinance has different languages in them. Here where I am, the question of if you do put salt down who would be responsible, the answer is snow and ice is an act of god, and if you (the contractor) is fullfilling to the best of his ability to make the area safe, then they are not responsible. Now that being said, you better have the paperwork in order to be able to defend your actions were in line with what should have been done ( plow, shovel, salt, sand, or whatever). As far as not having an actual contract in place, ( I would never ever do this) I suggest you have one drawn up by an attorney and get them signed asap. You need to absolve your self from liability if the owner is to cheap to make the area safe.
  4. LB1234

    LB1234 Member
    Messages: 91

    do yourself a favor a draw up a contract..preferrably by an attorney...so you have something in writing. it won't stop you from getting sued...nothing will...but it may deter some minor BS.
  5. blee1ash

    blee1ash Senior Member
    Messages: 107

    Thank you for your input. I'm checking into using contracts. Anyone want to say anyting on the pros or cons of contracts. Thanks again.
  6. contractor078

    contractor078 Senior Member
    Messages: 232

    something that i do that i think may be worth mention is that along with my contract i have a sheet that customer or there property manager ect sign that's a disclaimer just says that we will do our best and that there are areas of snow or ice that get packed down and will not be able to be scraped plowed up and may be slippery. i don't think that it is the ultimate answer but it makes me feel a little better. and if any thing maybe it make them feel that they can't sue.
  7. RHR101

    RHR101 Junior Member
    Messages: 1

    Get a contract. Too many things can happen in this business. Our standard contract states we assume no liability. To save money you could draw one up yourself. Use different contracts as examples and put one together you feel comfortable with, then get it reviewed by a lawyer. This costs less than having one drawn up from scratch.

    Larger commercial contracts should be written by a lawyer.