Helping Out in the Neighborhood

We carry an "Umbrella" insurance policy that covers things of that nature. If you opt for this be sure it will step in at the start of any legal action to pay the lawyers and that kind of thing. Some policies only cover the final judgement if you lose.

Our policy also stipulates that you must not be doing "for hire" work if the suit involves things such as you are thinking of doing. This include accepting cookies, beer or any other thing of value for doing the work.

An example would be if you are helping at the Church, Grange Hall or other such establishment and something goes wrong. If you have accepted a free lunch with the rest of the crew it's questionable if the insurance is obligated to step up.

If we are helping a neighbor that's sick feed his cattle and we do something stupid we're covered. If, however, we accept a cup of coffee while doing the work we're not covered. Stupid isn't it! Same house, same people and we stop to visit later in the day and have coffee it's OK.

Just what the insurance people tell me, your milage may vary.

Mike

Mike, it is a shame this is such a good topic for discussion. I am uncomfortable in a world where helping out an invalid neighbor opens one to potential litigation. Sad to say, the comments are correct.

All that said, I have mowed for a neighbor, and I have plowed for a neighbor. After our recent October snow storm I've cut up trees, limbs, tree-tops etc for neighbors and folks at church. All more or less opening me up to risk of litigation.

I am a trustee at our church, where we have a large property. I regularly run chainsaws, weed-wackers, pull trailer loads of leaves, climb on roofs, lubricate under elevators, ... I recently got a "survey" from my home-owners and umbrella policy underwriters asking if I serve as "Trustee" for any volunteer organization. Our church carries liability insurance for such things as falls but it is a bit sketchy whether our Trustees, officers, Pastor, and other employees are protected by this insurance from legal action. It has been my observation that no amount of insurance, nor waiver, will keep a lawyer from considering a lawsuit.

I think I'd keep all my efforts on a very low profile basis, and skip the cookies.

YMMV

.....or if you injure someone while doing it, OR if someone is injured on there AFTER you have left. Could be as simple as a mailman falling in the driveway 8 hrs after you plowed, his lawyer is going to round up anyone and everyone involved in a dragnet, and find out who has the deepest pockets.

Then there is always the argument of taking the work away from professionals who make their living doing this... they pay their insurance etc. and as a result have a forced higher overhead, of course they can't afford to do it for cookies. You may look at this as no big deal, its only snowplowing, but how would you like it if a snowplower took up painting houses, building fences, or roofing, or whatever YOU do for a living for a little bit of cash or cookies on the side?

Also, be sure to check your local bylaws--in some places tractors are simply NOT ALLOWED on the street. Snow is never allowed to be pushed across a street either. You can be ticketed for either, or held liable for anything that happens on that stretch of street due to pushing snow/salt/sand off the road surface. In fact, there was a newspaper article in the past year or two up here where a guy on a tractor was ticketed for having his tractor on a city street where he was just helping his neighbours after a massive storm--I believe the Premier had the ticket quashed due to public outcry but who needs the headache?

Also, there are strict regulations about needing a special license to plow snow in certain areas (outside of your own property), not to mention regulations about required emergency lighting etc.

There is a lot to think about, and you do these sort of things at your own risk!!!

Then, of course, there are the completely frivelous law suits... a quick example someone was being sued for on the plowing forum was at a plaza parking lot he managed, he plowed and salted but there was a slip and fall and lawsuit. Turned out, the Starbucks next door to the plaza hadn't been plowed so people were parking in his lot and walking in (technically trespassing since they were in a closed plaza after hours, and not having business with any of the units on site). The person who launched the suit had slipped and fallen on SOMEONE ELSE'S spilled coffee (from the before mentioned Starbucks) while trespassing on a neighboring parking lot... yet still felt entitled to a million bucks.

In summary, don't ever get to comfortable with people thinking they wouldn't sue you (especially you guys in the USA!). After all, why should they go to work every day and EARN a paycheck when they can just stay at home watching TV and take yours?

I try to help out but not during the winter yet anyway.

Starting around May 1st and going all summer up until late fall I have any where from 1 to a half a dozen Hmongs in and out of here working in there gardens, they have all been told to just come and go as they like, they never have to ask.

I'm not worried about any of them suing me but they bring there little children every once in a while and something could happen but I'm not concerned they are all really nice.

I'm 70 years old and if somebody wants to sue me I guess there going to just have to do it, but I enjoy these Hmong grammys.

Little lowriders I call them, they are sweethearts.

I'm out and amongst the gardens more then they are, because of the watering and what not. They are doing me a favor, I get lots of exercise and enjoy doing it. I'm lucky I have them.:fing32:

Rob