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XXXXXXXXXXX1
Premium Member
join:2006-01-11
Beverly Hills, CA

XXXXXXXXXXX1 to mix

Premium Member

to mix

Re: [Other ] Snow Removal Liability Question

At first I thought it was bogus too, but I searched a bit and saw in numerous forums that snow clearing outfits can and are sued for slip and falls as well as car accidents for failure to properly clean, salt and sand parking lots and sidewalks. The business or homeowner shifts liability to the snow removal operator by contracting the work to them. If the snow is determined to be removed properly, damages cannot be collected. But if not, say it wasn't totally salted, then it wasn't done properly, then the snow remover may be liable, not the property or business owner.

That is how I understood it from my research, but I am not a lawyer.

Camelot One
MVM
join:2001-11-21
Bloomington, IN

Camelot One

MVM

said by XXXXXXXXXXX1:

but I searched a bit and saw in numerous forums that snow clearing outfits can and are sued for slip and falls as well as car accidents for failure to properly clean, salt and sand parking lots and sidewalks.

I can see that. If you hire a "professional" to do the work, the responsibility for the work usually falls on them. I just can't see how a neighbor doing someone a favor falls into the same category. Unless maybe the guy accepted a few bucks for the trouble, which I could see an ambulance chaser turning into a "professional" arrangement that made him responsible.

BKayrac
Premium Member
join:2001-09-29

BKayrac

Premium Member

Doesn't matter if you are being paid, you take control of the situation by doing it, therefor it is your responsibility to do it properly.

It sucks, but it's the world people have created for themselves.
tcope
Premium Member
join:2003-05-07
Sandy, UT

tcope to XXXXXXXXXXX1

Premium Member

to XXXXXXXXXXX1
said by XXXXXXXXXXX1:

But if not, say it wasn't totally salted, then it wasn't done properly, then the snow remover may be liable, not the property or business owner.

Not to get too technical but in most states the property owner has a non-deligable duty to provide a safe environment. This is clouded in the OP's version of events as it sounds like the property owner did not ask the person to remove the snow and I'm betting the complaint was that the person who removed the snow _created_ the hazard.