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Slip & Fall Clauses In Contract

Discussion in 'Business Fundamentals' started by REALWORKS, Nov 16, 2005.


    REALWORKS Junior Member
    Messages: 2

    Knowing That All Contarcts Are Set For Different Areas Of Country...we Need Some Feedback. Been Plowing Commercially For 12 Years, Residential For 20. 80% Comm 20% Res Now. Trying To PHAse Out Residential Winter Care.
    bIDS Include Basic Plow Rate(we Bid Inches In Increments) With The Following Rates That Can Be Added With Our Company Holding The Decision:

    Icy Condition Rates/drifting Rates/blizzard Rates/salt..anti Skid..or Mix Rates/HEAVY EQUIPMENT RATE FOR REMOVAL
    We Do Not Do Any Walkways.
    We Changed Insurance Carriers And This New One Requires Our Subs To List Us As Insured Also...no Problem There. Hopefully That Is A Bit Of Security If Slip & Fall Occurs On The Site They Plowed.
    Ulimately Tho ...we Want To Include A Statementin Our Contracts That We Are Head Harmless For Slip&falls. Any Good Suggestions? Have been searching but see nothing addressing this from industry folks except lawyers
    These Are Basically For The Commercial Sites.
    Richards Excavating & Landscaping
    Last edited: Nov 16, 2005
  2. Big Dog D

    Big Dog D PlowSite.com Addict
    Messages: 1,134

    Put anything that you want in there but the bottom line is that if you are on site performing services that caused or contibuted to an accident you will get caught up in the claim and subsequent settlement!:nod:
  3. alittle1

    alittle1 Member
    Messages: 35

    Last Spring I was in a Small Claims Coutroom on a collection matter, and I had the priveledge of hearing a slip and fall case being heard.

    The case went something like this. The Judge was doing the questioning of the complainant. Mrs Brown when you woke up this morning did you notice that it had snowed? Yes. Have you seen this happen before? Yes. When you went out to your vehicle did you find it slippery? yes. When you drove from your home to the Archiwood Mall, did you find it slippery on the streets? Yes. When you stepped out of your vehicle, did you find it slippery? yes. Up until this time you knew it was slippery and you were using due dilligency and caution and you made it from your home to the Mall without incident, is this correct? Yes. What made you stop? Pardon....? What made you stop thinking the you could just stop your car, get out and walk into the mall without a care in the world? Dumb looks were being passed around. He continued, for thousands of years we have known that it snow in January, for the past hundred years people have been removing that snow, in the last 50 years they have applied salt and sand to aid traction, why did you figure on this day you could go outside to your car, drive across town, park your car, get out of it and walk across the parking lot into the mall in these? (As he held up a pair of high heeled slingBack leather shoes.) Case dismissed!

    If all Courts had Judges like this we wouldn't need to put clauses into Contracts. Common sense outweighs common law!
  4. Runner

    Runner Senior Member
    Messages: 957

    Here's how ours states.

    Customer understands that plowing, shoveling or salting of a particular location may not clear the area to "bare pavement" and that slippery conditions may continue to prevail even after shoveling and plowing (or application of salt). Customer understands that the contractor assumes no liability for this commonly occurring condition and agrees to hold harmless the contractor for any and all trespasses or suits that may arise as a result of
    this commonly occurring condition.

    Now, here's the trick. For those of you that are unincorporated, this term will remain as it says the contractor. Also, somewhere in the contract it will be defined as YOU, being the contractor. Otherwise, they will sue your company, then sue you, separately. If it just says your company name on there, it does not stop them from suing you.
    This is called Strict Liability. The other type is called Vicarious Liability.
    Last edited: Nov 16, 2005
  5. Big Dog D

    Big Dog D PlowSite.com Addict
    Messages: 1,134

    Most judges here in the Lower 48 don't have that much common sense, unfortunately!