How cranes and liability come together.

[blizake7]

So I've got a small tree removal business thats been really successful so far. I havent ever worked with cranes before but i bid a job that includes the cost of a crane and so I've got some questions. If something go wrong who's insurance picks up the damages? Mine or theirs?

I climb so I'm planning on being in the trees during the operation. Is there any hints and tips or do's and don'ts that anyone might care to share? I have a Pfanner Protos helmet that im thinking about getting a mic setup for. Dyou know if that would connect with a radio that a crane operator might have or should buy two so he'd have one. Thank you for any input that you have.

 

[Naptown]

Not a tree pro, lawyer, or anyone who would know. I would guess liability is on the person(s) being paid to remove the tree. I suppose the crane operator would have to carry his/her own insurance too. All I do know is that insurance copanies hate to pay out and there would likely be a bunch of subrogation between the insurance companies.

 

[SS396driver]

I assume you carry liability ins the best person to ask is your broker.

 

[Triallyr]

Well, seeing as how I have worked in trees, worked with cranes, and practiced law for close to 30 years, I guess I will take a stab at this one...

I'm licensed in CA/CO and not in your jurisdiction, but I'll provide you some general information that you might find useful. There are likely 3 policies involved, your GL policy, the homeowners policy and the crane company/operators policy. As to which policy may provide coverage, that would depend on the circumstances surrounding the claim. In the event that a claim is made, the attorney involved would likely be looking to trigger coverage under each and every policy, as it adds to the money that will be available at the settlement table.

There will also be indemnity issues as between carriers and yes, there will likely be subrogation as well. Much of that will depend on the provisions contained in the contracts between the various parties. In order to bring the carrier in for your crane operator, you will need to be an intended 3rd party beneficiary of that policy. This is most often accomplished by requesting beforehand that your company be specifically named as a 3rd party beneficiary. Don't make the assumption that your crane company/operator (may be a 3rd party operator) has liability insurance. Verify this by requesting a copy of the declaration page which will indicate basic coverage, limits, and dates.

Your crane operator uses hand signals to operate. If you will be visible to your operator at ALL times, you can coordinate with him via hand signals if you are well versed. If not, you could do so via a grounds person that knows hand signals. In the alternative, you could use a radio on his frequency (he likely has a handset available for use) but you will need to workout the meaning of various words/instructions ahead of time to be safe.

Hope this helps,

Steven

 

[blizake7]

Well, seeing as how I have worked in trees, worked with cranes, and practiced law for close to 30 years, I guess I will take a stab at this one...

I'm licensed in CA/CO and not in your jurisdiction, but I'll provide you some general information that you might find useful. There are likely 3 policies involved, your GL policy, the homeowners policy and the crane company/operators policy. As to which policy may provide coverage, that would depend on the circumstances surrounding the claim. In the event that a claim is made, the attorney involved would likely be looking to trigger coverage under each and every policy, as it adds to the money that will be available at the settlement table.

There will also be indemnity issues as between carriers and yes, there will likely be subrogation as well. Much of that will depend on the provisions contained in the contracts between the various parties. In order to bring the carrier in for your crane operator, you will need to be an intended 3rd party beneficiary of that policy. This is most often accomplished by requesting beforehand that your company be specifically named as a 3rd party beneficiary. Don't make the assumption that your crane company/operator (may be a 3rd party operator) has liability insurance. Verify this by requesting a copy of the declaration page which will indicate basic coverage, limits, and dates.

Your crane operator uses hand signals to operate. If you will be visible to your operator at ALL times, you can coordinate with him via hand signals if you are well versed. If not, you could do so via a grounds person that knows hand signals. In the alternative, you could use a radio on his frequency (he likely has a handset available for use) but you will need to workout the meaning of various words/instructions ahead of time to be safe.

Hope this helps,

Steven

Subrogation?

 

[Triallyr]

Subrogation?

The right of the carrier to to pursue 3rd parties for monies paid out on a claim. It is a right that the insured holds by law but is surrendered to the carrier per the contract of insurance.

 

[TheJollyLogger]

I know it is your first crane job, hopefully it is not the crane ops first tree job. Learn your hand signals, and "Plan your climb and climb your plan." I would highly recommend on your first crane job you treat the ball as just another rigging point and not get too fancy... have him keep an eye on his LMI and not overload the rig! It is very easy for a new operator and climber to put too much tension on a rig and overtension the pick.

 

[TheJollyLogger]

I also liked to run my lifeline and flipline looser than normal, and cut a little further of center than normal to have a little more room to duck in case the pick made a sudden movement... always have a "duck and cover " spot in case the pick had a different point of balance than I had thought...

Cranes are great, but you will almost feel like you are starting over again... it's just... different...

 

[ShermanC]

So I've got a small tree removal business thats been really successful so far. I havent ever worked with cranes before but i bid a job that includes the cost of a crane and so I've got some questions. If something go wrong who's insurance picks up the damages? Mine or theirs?

I climb so I'm planning on being in the trees during the operation. Is there any hints and tips or do's and don'ts that anyone might care to share? I have a Pfanner Protos helmet that im thinking about getting a mic setup for. Dyou know if that would connect with a radio that a crane operator might have or should buy two so he'd have one. Thank you for any input that you have.

I own a 2003 NIFTYLIFT TM40 aerial lift on trailer base, taking me up 46’ into trees. I have used one crane truck hire for two projects among the 860 tree service jobs I have done since 1998. Both jobs were done safely and met the objectives. I recommend you register on the app website www.Vertikal.net and visit the site at least three times a week to learn about cranes and access industries worldwide. The use of a crane boom requires thorough interviewing, inspection and measurements of the work area and access to that area because the crane will move through three dimensions namely height, length and width. Liability is not the only issue to check, for underground utilities can be damaged by outriggers unless mats are employed to distribute the loaded weight…call 811 before digging. Concrete can fool you for its pressure capacities. The only book written about this industry is Going Up In The World by Denis Ashworth in the UK. My copy has all kinds of notes plus obituaries of the industry pioneers I’ve added to it. You need a trained operator who understands many factors and who will tell you and your customer what will and won’t work. A manlift has weight limits the tree weight will exceed so it cannot be used as a lift and crane combination. I am out of time so must close and run.

 

[ShermanC]

Subrogation?

A subrogation is an interest-free payment plan with the insuror to let the guilty pay his damage responsibility over time. Years ago I rigged a dead white oak on a vacant lot to fall west but it went south damaging my friend’s tractor brought in to help move the limb load. I did not have Liability insurance back then. He had Shelter Insurance with $500 deductible. I gave him $500 cash and Shelter set a plan for me to pay the balance over three years time.