# Being SUED?



## Ole JIM (Dec 9, 2004)

I have Talked to a dozen or more? Private Snow Plowing Conratactors in referance to how Many have Been SUED?-- NONE! Here? that I discussed being SUED has ever Been SUED & a Few informed ME that they have Torn UP a few Lawns & Damaged minor Things? Shurby & driveway makers-- & Here the Business Owner or Home Owner usually Takes Care of any Minor Damage Themselves!--I just returned from taking Mother Shopping & was Wondering? WHY? Shopping Centers w/ HUGE parking Lots! Place all those little Islands & Curbs all over the Place? Making a MAZE & very Differcult for who-ever? Plows their Parking Lots! Most Big Shopping Centers Here have a Large Construction Cos Do their Parking Lots!--Where they Plow All the Snow into Huge Plies! & at Night Load it On Wheeler Dump trucks & haul it Off!--Dono? Where? I just Plow My Yard My Sons & a couple of Elderly Neighbors & the TAXI Service Yard my Son Leases His Taxi too--Kinda FUN Really-- NO Time Table to Go By--DO It any-Time! & Its Not BAD!-Plow Out an Area!--& Start & Move a Few Taxis & Clean UP where they Were!--& Go have Coffee & Chat! I Do get a Kick Out of Hearing the Weather REPORT! & especially when were supposed to get a Light Dusting! as Inch or two? & SEE every 4x4 runing around w/their Plows ON!--just in CASE? I Guess?? the Taxi Co Owner My Sons BOSS! asked ? If ? I wanted them to Install a Taxi Co Radio in my Truck?--FREE! so I could Hear whats Going ON? DONO? Gotta think that Over?--what Do You Guys Think? --Ole JIM--


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## Mick (May 19, 2001)

Maine has historically been very lax about snow-related issues. There are only a couple of related court cases on record.

BUT - that will change and soon. Maine is changing. Becoming more modern and, as this happens, it will inherit more metropolitan problems. Like less tolerance of injuries and more holding others to personal and professional liability. Businesses are not even required to clear snow now. The law says "in reasonable amount of time following cessation of snowfall" (paraphrased). Even the "reasonable amount of time" is open to judgement (by law) and dependent on a realistic expectation of customer traffic.

The legal premise is "this is Maine - we get snow - it is expected that people will fall while walking on snow". That's one reason liability insurance rates are low. There are very few claims made against insurance.

But like I said, changes are underway and you can expect that this concept will be be one of the casulties.


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## stumper1620 (Dec 19, 2004)

When I bought My truck & plow to start up my business it was my first equipment, I figured I would start with a few drives & add equipment & services in the spring, well when i went to my insurance agent to cover my truck the first thing i was told is citizens will NOT cover plow trucks, My agent explained to me that if I had an accident they would investigate my plowing completely including family to see if I was ever paid ( even 20 bucks to cover fuel) if they could prove I accepted any pay they would refuse to pay any and all claims in a accident (including liability). I bought business insurance way before I planned. there is no such thing as personal plowing if anyone pays for your fuel or buys you a beer or whatever. if you accept anything for plowing you accept full liability for anything that happens while that plow CARRIAGE not just with the plow is on your truck personal auto insurance will not and does not have to pay anything.


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## caz41 (Nov 29, 2004)

I say have them put the radio in. It will help pass the time by when you are out plowing and you may here some funny stuff. I have my XM radio going along with my fire department portable radio that has all the police and fire channels. It makes the time go by faster when you have something to listen to.


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## Ole JIM (Dec 9, 2004)

stumper1620 said:


> When I bought My truck & plow to start up my business it was my first equipment, I figured I would start with a few drives & add equipment & services in the spring, well when i went to my insurance agent to cover my truck the first thing i was told is citizens will NOT cover plow trucks, My agent explained to me that if I had an accident they would investigate my plowing completely including family to see if I was ever paid ( even 20 bucks to cover fuel) if they could prove I accepted any pay they would refuse to pay any and all claims in a accident (including liability). I bought business insurance way before I planned. there is no such thing as personal plowing if anyone pays for your fuel or buys you a beer or whatever. if you accept anything for plowing you accept full liability for anything that happens while that plow CARRIAGE not just with the plow is on your truck personal auto insurance will not and does not have to pay anything.


Stumper1620--I personally Think? Your Insurance Agent is Full of DO! DO!--& I Suggest YOU Change Insurance COs! just by Using COMMON SCENSE! & SEEING All the Trucks w/ PLOWS Out there!--& w/ NO Insuance as Your Agent states? I don*t think SO!--In FACT I know Hes Full of DO! DO! Tell HIM to Take a HIKE!--& GO Get Your LIIBILITY Insurance some Where ELSE!--Enough SAID!--Ole JIM--


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## johntwist (Feb 10, 2004)

I've started and responded to my fair share of threads regarding the issues of liability insurance and potential lawsuits and I still maintain the same feelings.

At minimum a commercial policy with property damage insurance is a must for any plowing contractor. I really think most of you will agree that claims for something you damaged with your blade are going to be your biggest headache. Then there's the general liability issue. If you are doing salting, sanding and/or clearing of walkways it's a must have. I think if you only plow it's a "should have" or "be nice to have". For me, it was too expensive and I use a legal disclaimer on my contracts instead.

I know that won't stop someone from sueing me. But I do know that it will make it damned hard if not impossible for them to win, and that's the key. Yes, anyone can sue you for anything at any time, but.......they still have to win. And it's costly and time consuming to sue someone, so unless you really did screw up and were totally liable, and your customer both knows that and can PROVE it, then it's highly unlikely you'll be either sued or found responsible.

Again, each of us in business must decide what best suits our particular situation. One man's junk is another man's treasure, and so forth. But above all else I still maintain that if you take the common sense approach to things, do the best you can, and are a "straight up" kind of guy, then you will most likely avoid having problems. This fits with plowing and most other things in life I've found.


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## bolensdriver (Oct 12, 2004)

Ole JIM said:


> Stumper1620--I personally Think? Your Insurance Agent is Full of DO! DO!--& I Suggest YOU Change Insurance COs! just by Using COMMON SCENSE! & SEEING All the Trucks w/ PLOWS Out there!--& w/ NO Insuance as Your Agent states? I don*t think SO!--In FACT I know Hes Full of DO! DO! Tell HIM to Take a HIKE!--& GO Get Your LIIBILITY Insurance some Where ELSE!--Enough SAID!--Ole JIM--


Or give the insurance guy some laxative


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