Liability Issues with Tree Service!!??

[xtm]

Last weekend, I had to stop what I was doing to watch this show going on next door......Mrs. xtm even had 911 on speed dial!

In a morbid sense, I don't know what fascinated me most - the extension ladder on the slick blanket on the edge of the roof of the motor home, or the fella standing on it wearing the safety sling without the rope attached! Please note the head-scratching doofus below - admiring his skilled one-handed use of that new MS-260!

Thank God! - nobody got hurt! Despite all their efforts, they managed to drop that overhanging fork of that willow right onto the roof just above the windshield. Check out the top-to-bottom crack in the middle of the driver side...

BTW, this wasn't the work of one of us ignorant dumb#$$ homeowners - this was a local tree service. They even had names on their shirts and business cards to hand out. The fellow who lives there wasn't home at the time...to move the big motor home out of the way...and he had worked out some vague arrangement for them to remove the tree "...whenever they were available". I've been drawn into this mess because I was a witness to the shenanegans.

Besides all that, I've since discovered that I had some liability in this. If either one of those fellows had fallen and disabled themselves (or worse) on my fence close by the motor home... I'd share some liability with the other property..:censored:

xtm

 

[treeseer]

...I've since discovered that I had some liability in this. If either one of those fellows had fallen and disabled themselves (or worse) on my fence close by the motor home... I'd share some liability with the other property.

Holy guacamole! That's a real lose-lose-loser situation.

 

[RVALUE]

To top all that off, that is probably a 2 or 3 grand windshield.

 

[M.D. Vaden]

Wish I had at least one pic of my own like this kind of thing.

Years ago, I saw some guys that tied 2 to 3 extension ladders into a huge weeping willow or something similar, tied to the trunk and out along the main limbs. Had no camera with me.

Your photo reminds me of that time.

 

[stihlaficionado]

Last weekend, I had to stop what I was doing to watch this show going on next door......Mrs. xtm even had 911 on speed dial!

In a morbid sense, I don't know what fascinated me most - the extension ladder on the slick blanket on the edge of the roof of the motor home, or the fella standing on it wearing the safety sling without the rope attached! Please note the head-scratching doofus below - admiring his skilled one-handed use of that new MS-260!

Thank God! - nobody got hurt! Despite all their efforts, they managed to drop that overhanging fork of that willow right onto the roof just above the windshield. Check out the top-to-bottom crack in the middle of the driver side...

BTW, this wasn't the work of one of us ignorant dumb#$$ homeowners - this was a local tree service. They even had names on their shirts and business cards to hand out. The fellow who lives there wasn't home at the time...to move the big motor home out of the way...and he had worked out some vague arrangement for them to remove the tree "...whenever they were available". I've been drawn into this mess because I was a witness to the shenanegans.

Besides all that, I've since discovered that I had some liability in this. If either one of those fellows had fallen and disabled themselves (or worse) on my fence close by the motor home... I'd share some liability with the other property..:censored:

xtm

My understanding is that if you have folks work on your property or around it on a regular basis AND if you DON'T want to get sued for negligence over
some dumb-azz accident, it's a good thing to carry at least 1 million $$ liability insurance. I never carried it myself though I have been advised to do so. But my friends with large properties have it. I guess it's a fair trade off if you have worked all your life to acquire something only to have someone injure themselves, sue, and get awarded a large sum.

 

[gilraine]

why would you be liable for any of this???

 

[RVALUE]

why would you be liable for any of this???

My thoughts exactly, for watching and not stopping it????

 

[xtm]

why would you be liable for any of this???

I'm not liable for anything, because nobody got hurt .....I just stated that IF that fellow had fallen off that motor home and onto my fence and gotten hurt.....then I would've shared some liability with the other property owner.

There's a lot to this story that I didn't tell. I objected (loudly) to their cavalier safety attitude with the extension ladder...and was basically told to go mind my own #$%& business. It was a Saturday afternoon and I wasn't gonna be able to get the safety police at OSHA on the 'phone....so I dropped what I was doing and watched until they took down that ladder. The MICU was only a 911 call away - and I sure hoped we wouldn't have to perform any serious 1st aid or cpr. I'm not sure I would know what to do for someone with a broken back who had a running chainsaw land on him...

xtm

 

[highpointtree]

I think your wrong. if someone or some business claims to have insurance (which they prolly did lie and say they had it) then you and the other HO can't be held liable. I have tried telling people I work for to watch out for uninsured services, that they would be held liable in the event of an accident. and a couple people I worked for were not worried (they were lawyer's) they said if they represent they are insured then the HO is off the hook. I'm sure you would still be part of the litigation though.

 

[gilraine]

I'm not liable for anything, because nobody got hurt .....I just stated that IF that fellow had fallen off that motor home and onto my fence and gotten hurt.....then I would've shared some liability with the other property owner.

There's a lot to this story that I didn't tell. I objected (loudly) to their cavalier safety attitude with the extension ladder...and was basically told to go mind my own #$%& business. It was a Saturday afternoon and I wasn't gonna be able to get the safety police at OSHA on the 'phone....so I dropped what I was doing and watched until they took down that ladder. The MICU was only a 911 call away - and I sure hoped we wouldn't have to perform any serious 1st aid or cpr. I'm not sure I would know what to do for someone with a broken back who had a running chainsaw land on him...

xtm

if its not your property, you can not be held liable..

 

[treemandan]

Can I pick the theme music? I choose The Eagles

Desparado! Why don't you come to your senses?
You've be out falling on fences
For so long now


Ahh, I forget the rest but surely that operation is something no self respectin man would endevour.
The winshield? Of course!

 

[treemandan]

if its not your property, you can not be held liable..

I would think if the guy ended up on your property you would get a call from a lawyer but if you had the pics then you could say the guy obvisiously was doing the job wrong.
But if you had some sort of loader, snow plow or just a big bumper on your car you could just push the body back over the property line.

 

[treemandan]

XTM, you have got to get a card from those guys. Give us the number man PLEASE!

 

[xtm]

XTM, you have got to get a card from those guys. Give us the number man PLEASE!

I've already asked my neighbor to get me one. He's still in communication with them.

I'll say something nice about them. They are an all-Stihl outfit - they operate some fine equipment - no Northern Tool or Harbor Freight junk!

xtm

 

[gwiley]

A neighbor was cutting using a pole saw standing on his motor home. He slipped, caught the saw in the face and died later of massive infections.

Ladders are dangerous weapons, ladders + chainsaws are begging for intimate time with emergency workers.

 

[curmudgeon]

Fool killer must have been out of town that day.

 

[Tree Pig]

Can I pick the theme music? I choose The Eagles

Desparado! Why don't you come to your senses?
You've be out falling on fences
For so long now


Ahh, I forget the rest but surely that operation is something no self respectin man would endevour.
The winshield? Of course!

Nah man I think dueling banjos would be more fitting
Banjo Duel

 

[rarefish383]

If he fell and landed on my side of the fence, I would speed dial Shapiro and Shapiro and sue him for trespass, then dial 911, Joe.