# No salt



## R.J.S. SNOWPLOW (Dec 9, 2009)

I have a question how do I protect my self and my company when biding on a site that wants no salting


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## SiLlY (Nov 28, 2011)

Because of cost or salt damage?

If cost.. nothing you can do unless you have wiggle room for infation, lol. Weigh whether the job is worth it to you.

If damage.. Can you offer alternatives?

Edit: Oh.. it just occurred to me you could be referring to legal stand point in case of injuries.. If so.. disregard my post.


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## R.J.S. SNOWPLOW (Dec 9, 2009)

legal stand point is correct


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## NickT (Feb 1, 2011)

Can you include that in your contract that you're not responsible for slips and falls?


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## SiLlY (Nov 28, 2011)

NickT;1360105 said:


> Can you include that in your contract that you're not responsible for slips and falls?


Definite waiver!


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## grandview (Oct 9, 2005)

Mine says customer must call for salting at additional charge.


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## Brian Young (Aug 13, 2005)

R.J.S. SNOWPLOW;1360054 said:


> I have a question how do I protect my self and my company when biding on a site that wants no salting


Simple, state that in their contract. We either salt or we don't, no "on calls". Our's reads like this.....XYZ company contracted snow plowing only and respectfully declined any salting of the parking lot or sidewalk surfaces. As a result of no salting services JBL can not be held liable for any injuries due to any slippery condition as a result of snow plowing or any other winter weather condition's. I acknowledge and agree to the previous statement_________(thats where they sign their name and position). We're off the hook for any slippery condition.


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## NickT (Feb 1, 2011)

Brian Young;1360345 said:


> Simple, state that in their contract. We either salt or we don't, no "on calls". Our's reads like this.....XYZ company contracted snow plowing only and respectfully declined any salting of the parking lot or sidewalk surfaces. As a result of no salting services JBL can not be held liable for any injuries due to any slippery condition as a result of snow plowing or any other winter weather condition's. I acknowledge and agree to the previous statement_________(thats where they sign their name and position). We're off the hook for any slippery condition.


 Hey Brian just wondering, even if you do salt the lot can you still have a waiver in the contract against liability for slips and falls??


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## Brian Young (Aug 13, 2005)

NickT;1360467 said:


> Hey Brian just wondering, even if you do salt the lot can you still have a waiver in the contract against liability for slips and falls??


Well you can put anything in a contract. I don't think I've ever seen that though. 9 out of 10 times if they would catch that they would not sign it is my guess.


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## Advantage (Nov 7, 2007)

Brian Young;1361554 said:


> Well you can put anything in a contract. I don't think I've ever seen that though. 9 out of 10 times if they would catch that they would not sign it is my guess.


It's in every one of our contracts. Never once have I had someone (that I know of) decline our contract because of this.


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## NickT (Feb 1, 2011)

Brian Young;1361554 said:


> Well you can put anything in a contract. I don't think I've ever seen that though. 9 out of 10 times if they would catch that they would not sign it is my guess.


I'm asking because a friend of mine has a waiver in his commercial contracts, just wondering if that would hold water in court, I ll be sure to ask a biz lawyer, good to see other people use it.


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## swtiih (Nov 30, 2008)

I have seen some larger companies put in their contracts "not responsibile for slips and falls". These days people seem to sue everybody involved. Whether or not they get money is another thing. You may still have to defend yourself if it goes far enough.


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## SiLlY (Nov 28, 2011)

swtiih;1361858 said:


> I have seen some larger companies put in their contracts "not responsibile for slips and falls". These days people seem to sue everybody involved. Whether or not they get money is another thing. You may still have to defend yourself if it goes far enough.


For sure!! If I had to worry about that.. I'd turn my service into carrying dumb people to their car.


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## Brian Young (Aug 13, 2005)

SiLlY;1361897 said:


> For sure!! If I had to worry about that.. I'd turn my service into carrying dumb people to their car.


Diversify! I fell out of my truck last year the second my foot hit the pavement or in this case the solid ice. I was pretty messed up back wise (I already have a bad back) but ended up with neck pain and my right arm was sore for months. This was in a large retailer parking lot...W-L M-RT, which of course was plowed like crap and only salted at the store front which I believe a lot of that was just from the doors opening up letting warm air out. I could probably be retired right now if I pursued it but really didn't feel the effects until a couple days later.


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## SiLlY (Nov 28, 2011)

Brian Young;1361946 said:


> Diversify! I fell out of my truck last year the second my foot hit the pavement or in this case the solid ice. I was pretty messed up back wise (I already have a bad back) but ended up with neck pain and my right arm was sore for months. This was in a large retailer parking lot...W-L M-RT, which of course was plowed like crap and only salted at the store front which I believe a lot of that was just from the doors opening up letting warm air out. I could probably be retired right now if I pursued it but really didn't feel the effects until a couple days later.


Sorry about that bud. That sucks. In a retail place like WLMRT and with the big money they spend on getting plowed, by the big biz plow companies.. and etc.. I could understand that being part of the responsibility. But had you sued.. who would you have gone after?


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## mypolaris1 (Nov 20, 2009)

I have a clause in ALL my contracts "Company will not be held responible for any human slips, falls or veichele accidents"


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## CGM Inc. (Dec 15, 2008)

Brian Young;1361946 said:


> Diversify! I fell out of my truck last year the second my foot hit the pavement or in this case the solid ice. I was pretty messed up back wise (I already have a bad back) but ended up with neck pain and my right arm was sore for months. This was in a large retailer parking lot...W-L M-RT, which of course was plowed like crap and only salted at the store front which I believe a lot of that was just from the doors opening up letting warm air out. I could probably be retired right now if I pursued it but really didn't feel the effects until a couple days later.


Up here you have 2 years time to put your claim in! Which really does suck because by the time you find out there has been an accident the evidence has melted!


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## NickT (Feb 1, 2011)

mypolaris1;1364323 said:


> I have a clause in ALL my contracts "Company will not be held responible for any human slips, falls or veichele accidents"


What about non human???


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## JunkFood331 (Jan 31, 2004)

Ya, my dog slipped going to Petco and now you have to pay. lol I'm surprised i haven't heard a headline like that yet.


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## muffy189 (Jan 26, 2011)

JunkFood331;1365404 said:


> Ya, my dog slipped going to Petco and now you have to pay. lol I'm surprised i haven't heard a headline like that yet.


Oh give it time junk im sure some dumb idiot will come up with a lawsuit for that


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## Plow man Foster (Dec 10, 2010)

muffy189;1365430 said:


> Oh give it time junk im sure some dumb idiot will come up with a lawsuit for that


LMAOOOO:laughing::laughing:
Funny thing is when i was 20 i plowed a small pet store and My lawyer actually added some clause that covered ALL of the bases. It was so funny. But it wasnt that professional so i only put it on that contract it was like Since you Only want salt by the handicap portion of the lot we are not responsible for any slips or falls By any creature (IE: Human, dog, rabbit, snake, etc!)

i gotta find my copy of that contract!
They actually were cool about it and laughed.


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## R.J.S. SNOWPLOW (Dec 9, 2009)

Plow man Foster;1365470 said:


> LMAOOOO:laughing::laughing:
> Funny thing is when i was 20 i plowed a small pet store and My lawyer actually added some clause that covered ALL of the bases. It was so funny. But it wasnt that professional so i only put it on that contract it was like Since you Only want salt by the handicap portion of the lot we are not responsible for any slips or falls By any creature (IE: Human, dog, rabbit, snake, etc!)
> 
> i gotta find my copy of that contract!
> They actually were cool about it and laughed.


Can you send a copy to me


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## G.Landscape (Oct 20, 2011)

Well not that I really remember the situation, but when I was young (12maybe) my mom slipped on ice in a fast food place and broke her leg. Parents sued the restaurant and lets just say it put 3 kids through secondary school education, so you better have the cause worded perfectly.


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## JunkFood331 (Jan 31, 2004)

Plow man Foster;1365470 said:


> LMAOOOO:laughing::laughing:
> Funny thing is when i was 20 i plowed a small pet store and My lawyer actually added some clause that covered ALL of the bases. It was so funny. But it wasnt that professional so i only put it on that contract it was like Since you Only want salt by the handicap portion of the lot we are not responsible for any slips or falls By any creature (IE: Human, dog, rabbit, snake, etc!)
> 
> i gotta find my copy of that contract!
> They actually were cool about it and laughed.


If you find a copy I'd love to see it.


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## Plow man Foster (Dec 10, 2010)

So far i havent found it yet! But i'll keep looking! 
But im not making any promises! I havent done that place in 15 years.
lol i really wanna find it now! It was too funny!


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## Stuffdeer (Dec 26, 2005)

In Michigan if you fall on a lot within 24 hrs of the storm ending, you cannot sue the store or contractor. Michigan law says you were well aware of the inclement conditions and should of been more careful...


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## swtiih (Nov 30, 2008)

that sure makes alot of sense


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## mike thunder (Oct 19, 2011)

If you state that you are "held harmless" if you don't get to salt, it's reasonable that you would be responsible if you did salt and issues arose. That's not necessarily a good trade off. Using a clause of that nature is good in general terms, not specific situations. Simply put either your all in or your out. Also, no contract can supersede local, state or federal laws. Most states have weather related litigation on the books that spells out clearly that basically the defendant would have to be found negligent in their duties in order for the suit to proceed. 9 out of 10 injury related weather claims are settled for $10,000 or less, at which the plaintiffs lawyers get 40% to 60%. Contractors would never deal with these types of cases if the states would take the laws off the books that require the defendants insurance, if they have it, to pay the cost of litigation.


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