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Out here the property owner is more worryied about access from not plowing, In my contracts I am exempt from being liable for plowing unless I hit something, they take the risk for slip and fall. we sand to help with that and as long as we show that we have made every effort we have been ok, my truck is insured as a commercial vehicle and since snow plowing is not a " full time" job it hasn't been a big factor in rate increases though it never gets cheaper.
 

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you might want to check on the state laws some done allow exemptions like that which even if so stated in the contract you could still be found liable also even if your disclamed some judge could throw that out the window because he thought that you should be... its always better to have the ins. even though its expencive if ya use it one time it basicly pays for itself especially it the era we live in where everyone is sue happy...
 

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Adams Plowing said:
its always better to have the ins. even though its expencive if ya use it one time it basicly pays for itself especially it the era we live in where everyone is sue happy...

Where would you live if you lived in an area that people werent sue happy. I didnt know such an area still exsisted. lol


Ray
 

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I would check with your ins. company because slips and falls are not covered under commercial truck ins. If someone slips and falls they are going to go after everyone possible and try to sue them. If you have comm. liability ins. your ins. will provide the lawyers to handle any claims against you. I agree that you should check your state laws and talk with your insurance company.As far as the claus in your contract about being exempt, has your contract been reviewed by a lawyer in your area? If not you may want to have one take a look at it to make sure there are no loop holes in it.
 

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Martin said:
Out here the property owner is more worryied about access from not plowing, In my contracts I am exempt from being liable for plowing unless I hit something, they take the risk for slip and fall. we sand to help with that and as long as we show that we have made every effort we have been ok, my truck is insured as a commercial vehicle and since snow plowing is not a " full time" job it hasn't been a big factor in rate increases though it never gets cheaper.
Martin, you are only exempt from the slip and falls from your client (maybe). They can not contractually give up a visitor or guests rights. That person could sue you for a slip and fall or other injury. The fact that you sand actually may give you MORE liability than less, because you are acknowledging that there may be slippery conditions. Courts/juries have no mercy.

Even with an "iron clad" contract you can be sued and to protect yourself you must defend... Thus the benefit of insurance and the lawyers that protect you
 

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When the claim of loss is filed they will not just be looking at the property manager who might have signed a contract with a clause.

In a civil case the key thing they will be looking at is: was this a FORESEEABLE event. If you sometimes sand/salt sometimes do not than you clearly had knowledge of an unsafe condition. As a contracted service provider you should have made all attempt to inform your client of an unsafe condition before assuming they did not want action to be taken by you. (wow sounds like I might have been there before) I was previously employed as the person who was responisable for verifing insurance of contractors and responsible for the filing of slip and fall claims at a very large shoping mall. I have lived on both side of the issue so FWIW what I can offer.

If you are getting by without G/L insurance and continue to plow it is not a matter of "if" but "when" the cliam gets filed. When your insurance carrier drops you because you failed to disclose what your operation included (even if you told the agent, if it is not in the policy it is not covered) and when the property manager states "I hire him because he had a company and a contract" you might find yourself looking at a judgement against your house, boat, shed, truck, Harley, dog, cat, and whatever they can type into the order.

This is in NO WAY directed at any one person. Just if you are running a commercial or residentail plowing operation and collect money, and issue contracts for plowing you might want to think more about the few hundered dollars for G/L insurance.

Good luck.
 

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Ron, you put it perfectly! I am amazed at the guys out there that think they are all set because their agent said so. Contracts are simply another line of defense, they don't exempt you from being sued as some people think.
 

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CPSS, Thank you for your kind words.

It is important that the one truck weekend plowing guys also understand the totality of the business arrangements they have entered.

Again, I am not saying one person is any better than the next. What I am saying is the purpose of these threads and the forums should be to share ALL information available.

I truely have learned more from forums like this than I would have just by keeping to myself. I hope others are encouraged to just THINK about what is being said and how it might apply to their situation. The final decision falls on the shoulders of each person to make the BEST choice that meets their needs.

BTW, SIMA membership is a must have for anybody treating this industry as a SERIOUS revnue generating venture.
 
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