Liability issues

[bryan]

Background: Buddy of mine at work knows I burn and let me know that a huge oak tree fell in his neighbors wooded lot/yard. The tree service came and out and trimmed stuff up out of the road/driveway, but let the rest as it lay. My buddy introduces me to his neighbor and we talk about me coming out to get the wood. Neighbor all positive about it, he wants it cleaned up but he doesn't burn anymore and we work out what days of week/time of day it would be best to come by. A few weeks pass and neighbor inquires to my buddy when I might be coming out.

Today I call the neighbor up to see if it was alright if I stopped by today and start picking up what didn't need to be cut and let him know that I'd probably be out the following week to start cutting stuff up. He then lets me know that he's concerned about having me using a saw on his property due to liability issues (me hurting myself). I figured this was going to happen. He said he'd be contacting his insurance agent right away to get things clarified and he'd be getting right back to me and let me know if it was alright to come out today. That was over an hour ago. I don't want to push him on this as I don't need him getting mad at I guy I work with everyday.

Chalk it up as you win some you lose some or is there some generic waiver I can use?

I was really looking forward to a year's supply of wood that I didn't have to scrounge a car load at a time off Craigslist.

 

[gzecc]

Should have done it immediately. Time with give aways sometimes goes astray.

 

[Sleepy Callis]

I would think that if you wrote up something saying you would not sue him in the event that you got hurt while you were working on his property and if you both signed it would be fine.... Even if you have to go as far as getting it notarized it would be too much trouble.... Just my 2c. Hope you can get it sounds like a good find

 

[English BoB]

Run Forest.....Run.

Drop it like a hot coal......dont take on the worry.

Bob

 

[Applesister]

Every person out there is in your position unless you own a tree business, or some other type of business. Its take a risk, or pay someone who pays workers comp and liability insurance, and that "add on" doesnt come cheap.
I'd skip it too, better off scrounging at the recycling center.
It sounds like the guy got scared off.

 

[Bspring]

I think this is a fair request. I have been sued before and might have the same concerns. Write a release or pull one off the web and call him back to let him know it is taken care of and when you will be over there.

 

[jeffesonm]

I have cut wood on a bunch of different properties and so far just one has asked for a waiver. I just found one online and printed off two copies, and we both signed both. All it really said was if I cut my leg off it's my own damn fault.

 

[Smoke Signals]

Please let us know the outcome of this, I quite intrigued.

 

[FishKiller]

waiver, waiver, waiver get one online. a written agreement is a legal binding contract, its that simple. i actually gave 3 wavers to different property owners this year without them asking. they were very happy, and it's one of the reason's i can continue to cut there. and! ended up breaking a finger while loading wood (but thanks to good health insurance, it only cost me 15$). I would find a good waiver online and print it (make sure it's legit, i make my own). Just call him back and explain things, "i understand your worried about a stranger using a chainsaw on your property, i am experienced and professional. however, i have a legal waiver prepared that removes you and your estate from any liability."

don't run away scared, like i'm hearing. Just remove him from the liability, and your good to go.

 

[TreePointer]

In the end, if the property owner says no, that's okay. Just be courteous and thank him for his time, maybe leave him your card, and move on. Sometimes they get wild ideas about how valuable their wood is or have ambitions about processing it themselves, only to realize that nobody wants to pay for it or it's more work than they had realized. Sometimes they'll call you back after they get sticker shock from the tree service estimate for a removal.

We didn't want to do it, but we quit allowing most folks on our farm because of liability issues. Firewooding, hunting, and ATV riding by non-family members are prohibited. Our attorney advised that although these "hold harmless" agreements can help, most of them are not foolproof and many are useless under certain circumstances.

 

[bryan]

Thanks for all the replies. I completely understand where he's coming from. I'd be concerned too. Sounds like a waiver is the way to go from now on. I'll make sure it bring it up right away if an opportunity like this comes up again. If he calls back I'll say something about it otherwise I'll take his no response as a "no". He was a bit flaky even that day. He wants it gone, but doesn't want to be inconvenienced either. ie I need to park in his driveway, but he doesn't want me there when he or his wife might need to use the driveway, as if waiting a minute while I move my car out of the way is too much of a bother.

Oh well.

 

[JustWood]

If someone is flakey before the deal they'll be even flakeyier (I usually insert PITA) during and after the deal. In business for 26 years has given me a good 6th sense about stuff like this . I've walked away from many a deal due to the pre-PITA factor and heard horror stories from whoever did take it on.
If you got a bad gut feeling - walk. If not get in and get out fast.

 

[Dune]

Yep, squirrelly before, odds are more than squirrelly later.
Move on from this one, but next time make hay while the sun shines. (strike while the iron's hot, whatever blows your dress up.)

 

[Typ0]

there are many challenges to both sides of this argument. Example, you give him a waiver it's still built around the idea that his property is reasonably safe. You go out there and start cutting only to fall 6' through a hole in an old septic while the saw is ripping you apart. That waiver is crap the property owner is liable.

 

[Eater309]

As in any le

Background: Buddy of mine at work knows I burn and let me know that a huge oak tree fell in his neighbors wooded lot/yard. The tree service came and out and trimmed stuff up out of the road/driveway, but let the rest as it lay. My buddy introduces me to his neighbor and we talk about me coming out to get the wood. Neighbor all positive about it, he wants it cleaned up but he doesn't burn anymore and we work out what days of week/time of day it would be best to come by. A few weeks pass and neighbor inquires to my buddy when I might be coming out.

Today I call the neighbor up to see if it was alright if I stopped by today and start picking up what didn't need to be cut and let him know that I'd probably be out the following week to start cutting stuff up. He then lets me know that he's concerned about having me using a saw on his property due to liability issues (me hurting myself). I figured this was going to happen. He said he'd be contacting his insurance agent right away to get things clarified and he'd be getting right back to me and let me know if it was alright to come out today. That was over an hour ago. I don't want to push him on this as I don't need him getting mad at I guy I work with everyday.

Chalk it up as you win some you lose some or is there some generic waiver I can use?

I was really looking forward to a year's supply of wood that I didn't have to scrounge a car load at a time off Craigslist.[/qu

 

[Eater309]

As in most legal cases (lawsuits) whoever pays the most for their lawyer usually wins. Signed paper does really mean much. Lawyers can always find some-sort of a loophole. Good luck and be careful. We have become a sue-happy nation and the lawyers are the only ones winning. It's not worth the hassle.
Oh by the way, this is only my 2 cents worth any not any legal advise. For that I would need a contract.