Slip and fall injury clause in contracts?

[Bob Van]

Hi everyone,

Just wondering what everyones thoughts are about Slip and Fall injury clause and if I should have a Slip and Fall injury clause in my residential and commercial contracts for next year?

Thanks, Bob

[sonjaab]

3 WORDS.............

YES, YES, YES !!!!!!!!!!!!!!!!!

I have a shared parking lot with the bank next door to my bar.
The bank leases 1/2 of the lot from me.

I do all the plowing and sanding............

Our agreements in the contract spells out WHOM is responsible
for any slip and fall accident.
If its a bank customer...THEY pay !

If its a bar/rest./hotel customer ........I pay !

No matter where anybody parks.

If you are just doing snow removal for someone. It is still important for YOU to spell this out in your contract.

This is where a good lawyer comes in handy to keep YOUR
BUTT covered !!!!!!!!

EVERYBODY is so SUE happy nowadays !!!!!!!!

Chuck has sample contracts posted here somewhere to use as
a guide. ............geo

[Lawn Lad]

What if the customer just cashed his check at the bank and is walking over to the bar and slips and falls - injurying himself?

[Big Nate's Plowing]

simple answer, drinks on the house for the evening:shades :grinz

[John Banks]

Bob, here's what I have in our contracts...

Owner and Owner?s Agent understands that plowing and/or salting of a particular location may not clear the area to bare pavement and that slippery conditions may continue to exist even after plowing and/or application of salt. Owner and Owner?s Agent understands that the Contractor assumes no liability for this naturally occurring condition. Owner and Owner?s agent agrees to defend and hold harmless the contractor for any and all trespasses or suits that may arise as a result of this naturally occurring condition. Owner and Owner?s Agent accepts all liability for slip and fall accidents, and any motor vehicle accidents that are a result of refusal of service or caused by negligence of pedestrians or motorists.

There is some more content in our contract relating to this, but this is the meat of it. Feel free to use it if you wish.

Some of our customers include schools, professional/medical/industrial buildings. You'd be surprised to see the number of people traveling for physical therapy in a storm. A lot were on cruches, and still drove, then made their way into the building.

While we do a grat job keeping these areas clear, I will not be responsible for some jackass who drives with a cast on their leg, gets out in the snow and goes for physical therapy.

[snowjoker]

Bob we need to get together and go over both our contracts for next season. BTW look at mine again it's in there !! ;)

[76chevyman]

A slip and fall clause is a must but to let you know if it does come to a lawsuit it still wont hold up in court. I found that out the hard way. Just to let you know. But its still a must.

Rich:burnout

[Bob Van]

Thanks guys for the replies so far.

Seems like there is some interest in this post.

This could be for a couple of reasons;

1) A lot of Plowers havn't thought about this, or

2) Just a lot of interest in contract contents.

I will include a Slip and Fall clause in next years contract for sure.

76chevyman, Why not? Lawsuit won't hold up in court.

Any more comments are welcome!

Bob

[76chevyman]

Well i worded everything in my contract just like the lier wanted. Because the account i was plowing also had a fleet of there own mantaince trucks. I was responsaible for the parking garage nothing else. But they didnt like my price for a bobcat to be onsite. SO they said they had a bobcat and they would off load the snow off the roof. I said fine had them sign off on it. But they never cleared pile off the roof so it melted and refroze. Well three days after a storm a ladie fell. Then 7 months after that she wanted to sue. I had it all in my contract about who was reponisable to what i even when t back to take pics on the pile of snow with the date on it. I did everything in my favor. I figure once the Judge saw what i had it would be thrown out. Nope. Because under New York Law. they legaly cant be sued so the go for the next guy (me). So this ladie was aworded the max my insurance could pay out. And she had no medical bills because the hospital took care of all her bills senc eit happend on thier propertie. SO now i dont plow anything unless i have full controll over ever aspect of snow removel. THe Judge said if it was any other lot i would of been dismissed but sence it was a hospital it was total different. Which i guess my LIER didnt know. So i got screw big time. But even though you have a sli & fall cluase you still can be sued and possiabley have to pay no matter what. Its just the way the system works. Its good to have a clause but just keep in mind that IT DOESNT PROTECT YOU FULLY.

P.S. Sorry about all the misspells and everything LOL. When its not work related i dont care.

Rich:burnout