[76chevyman]

Today i got a call from a lawer about accident last snow season. A ladie fell and had a concushion. But the accident happened like two days after the storm. It states in my contract that im not responsiable for refrezzes. This accont has there own fleet of plow trucks and a bobcat. they hired me because they didnt want to worrie about the garage. But they said they would remove the piled up snow after each plow. But this one time they didnt and it melted and froze and the ladie fell. Now a year later she wants to sue. Does my contract put me in the clear??????????
Thanks

 

[Mick]

I'd advise you get a lawyer and notify your General Liability company, NOW. They have simply named everybody they can think of to put on the lawsuit. Or the company you plowed (thier insurance) is trying to get you to share the responsibility. It'll be up to the judge to figure out whose responsible and who isn't. Do you have any written records or agreements, as you stated, from that event?

 

[Chuck Smith]

Make copies of your contract, and the letter you got from the lady's attorney. Bring them to your insurance agent, along with a copy of any documentation you have from that snow event, and possibly any within a few weeks of it, as the piles of snow might have been an accumulation from storms prior.

Also bring copies of anything you have in regards to who is responsible for what (meaning specs), if you have any written correspondence from the company that hired you to plow in additon to their own employees, using their equipment.

Let your insurance company handle everything. I would NOT contact the attorney the woman hired. Handle everything through your agent and your insuarnce company.

~Chuck

 

[BRL]

Understand that nobody here can actually answer your last question without seeing the contract. And even then, I haven't seen too many members here say they are attorneys, so that would further lessen the value of any advice given. So as stated, contact your insurance company immediately & let them handle the claim. That's why you pay those outrageous rates to have it Good luck!

 

[T-Zab]

If you have not documented everything from last year( Times, dates, what you actually did, who you talked to that day? etc.)
I suggest start now. Thinking about that day, get a note pad and fill in things as they come to mind. If you do end up in a deposition the attorneys will ask you what color underwear you had on that day. The more you can remember now the better off you are. If your unprepared they will shred you to pieces. If you know what happened that day and you have your facts straight you can make them look like asses. Most attorneys know squat about squat, they try to intimadate you, fluster you, and make you you look foolish. Start now getting your ducks in row, and you will be much better off.
T

 

[KenP]

I've heard in the past "you can't waive liability", but I don't really know. I do know that documentation is very very important. Write it down and keep accurate notes on all your jobs.

 

[szorno]

I hope you have good documentation on what you did and what your limits are. We had a slip/fall year before last. We heard within an hour or so about it and went over to take digital pictures. Then we wrote a thorough explanation with pics embedded, and sent it to the attorneys for the plaintiff. They dropped our name from the suit because we demonstrated that it could not have been our negligence. Boy, was I glad that we got the pics ASAP. Good lesson learned.

 

[76chevyman]

thanks for all your input guys its been a great help. I just got back from Vaca. i needed to clear my mind. and im sure the attirneys will be contacting me monday.