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Salt Liability

Discussion in 'Business Fundamentals' started by VRLGI, Nov 11, 2008.

  1. VRLGI

    VRLGI Junior Member
    Messages: 3

    Hey Guys,
    Newbiette here, from Toronto, Ontario...
    I have a couple of customers who want the snow service but does not want the salt application service or if they do they want to be in total control of when the salt is administered. (you know how that works, after your finished plowing their site and your totally out of the area, they want you to go back and salt because now they have seen the conditions because origionally they didn't trust your judgement, and God forbid if someone slips and falls after the fact that the owner called for salting... oh and did I mention they want you to drop what your doing so you can go and salt their lot?? )

    At this point, with all the monies I'm paying for insurance, I don't seem it fair that I would be responsible AT ALL for any "situations that may occur after I'm done plowing and inbetween the time that they're waiting for salt."
    I've been trying to look for a form where they can sign, that will not hold me accountable for any liability issues such as slips and falls under these circumstances.

    If anyone can help I'd greatly Appreciate it!tymusic

    Thanks soo Much in advance...
  2. terrapro

    terrapro PlowSite Veteran
    from MI
    Messages: 3,912

    im pretty sure if it is a per request salt app then they would now be taking up the responsibility becuase it is their decision now not yours.

    but in this day you can sue anyone at any time for anything
  3. VRLGI

    VRLGI Junior Member
    Messages: 3

    I totally undersand - but in a court of law, I need something in writing...
  4. JohnnyRoyale

    JohnnyRoyale 2000 Club Member
    Messages: 2,935

    You're right...you'll need to draft something that states something like "salting will be performed at the request of the client, and shall be performed within xxx amount of hours after initial call, which may be delayed due to but not limited to road conditions, workload at time of call, commercial availability of product, etc. The property owner shall assume all liability for any claims or losses that may result, either directly or indirectly, as a result of delay of application of product to paved surfaces"

    Go to landscape ontarios website for more, or see here

  5. Mick

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

    If you have a contract, just put a statement in there. Something like - Salt is declined. Owner will contact contractor for further service - including salting.
  6. terrapro

    terrapro PlowSite Veteran
    from MI
    Messages: 3,912

    definately! like the others said and you it needs to be in writing that the salt app is per request.

    johnnyroyale has a great write up there :salute:
  7. Joe Snow

    Joe Snow Senior Member
    Messages: 120

    I've been told to keep a notebook in the cab and have a page for every account. Write time of service, weather conditions, what you did and didn't do. Like a log book. I don't think it ever hurts to have documentation like this.
  8. PLCI

    PLCI Member
    from Maine
    Messages: 31

    I would strongly advise a well written clause spelling out the salting process, the decision maker, the timing of the application after the call and an indemnification clause (Our standard contract is 3 pages). You may want to run any changes to your contract by you lawyer & insurance agent. Joe Snow is dead on; we use a snow journal that we record in daily. If I take a spin thru town I will pull into a lot or two, record the air temp, ground temp and the surface conditions. The better the record keeping the more legs you have to stand on if an issue arises.
  9. VRLGI

    VRLGI Junior Member
    Messages: 3

    Thanks everyone for your comments and suggestions.