I guess I need a waiver of liability

W

Winchman

Carpal tunnel level member
Location
Southwest Georgia
Over the past several years I've only had several people who wouldn't let me climb to remove limbs because of liability concerns. The majority just accept my explanation that I'm doing this for free as a hobby and that I climb at my own risk. All of a sudden the situation has changed, and nearly everyone asks for a waiver of liability. Two people I've done work for in the past even asked for one. It's really dried up my climbing opportunities. I've done several hundred projects with no injuries, no property damage, and no complaints, so I'm at a loss for a reason for the change.

Has anyone here ever dealt with a waiver of liability issue? What's involved, and how much trouble/expense am I looking at?
 
Why not give them one? You can download the forms off the internet for free.
Each state has a different form, but they all say about the same thing. The insurance companies of the people who's property you are on like to have a copy so they don't end up paying bills you have created.
But bear in mind, it doesn't protect you from having to pay any costs that you created, it just protects the owners and their insurance company from having to pay out for damages or injuries you created.
In other words, if you fall out of the tree, they are not responsible, nor their insurance company. You are on your own.
If you can live with that, fill one out and give it to them. Won't cost you a thing.
 
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It's the society we live in today. I did something stupid and got hurt, but because it was on your property, I am going to sue you and make your homeowner insurance pay me. No one wants to take responsibility for their own actions these days. Sue, sue, sue. I sound like Donald Trump. Worthless piece of sh$t.
 
Njdelaney said:
I say that you ask THEM to download and print the form and you'll sign it, just on principle. You've done thousands of dollars of work for free for friends and neighbors and this seems like the LEAST they can do.
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It’s all fun and games until someone asks you to *print* something. No way am I gonna touch one of those devils boxes
 
Dude, not tree work related (unless you run a business) but Brother laser multi-function printers are the bomb.

Had mine for years without a single problem, still on the original ink cartage (they don't dry out like inkjets) and use the scanner and copier pretty often as well.
 
Winchman said:
Over the past several years I've only had several people who wouldn't let me climb to remove limbs because of liability concerns. The majority just accept my explanation that I'm doing this for free as a hobby and that I climb at my own risk. All of a sudden the situation has changed, and nearly everyone asks for a waiver of liability. Two people I've done work for in the past even asked for one. It's really dried up my climbing opportunities. I've done several hundred projects with no injuries, no property damage, and no complaints, so I'm at a loss for a reason for the change.

Has anyone here ever dealt with a waiver of liability issue? What's involved, and how much trouble/expense am I looking at?
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Happens to me from time to time - usually with stuff like old dead polars that should have been removed years ago. As soon as waiver or liability crosses their lips I usually say yeah you're right - with the lousy access, they need to get a crane in and I can even give them some company names. Once they hear the cost for a crane job, I get a call back about 50% of the time or the rest just wait till it starts to fall to pieces. Seems dollars trumps liability sometimes anyway. With inflation and taxes that would choke an ox and now the double carbon taxes on fuel, the Canadian economy is not far from the toilet so people's discretionary income is drying up.
 
I found a generic waiver of liability for Georgia online that I can use with a few minor changes to fit my situation. I can delete some parts clearly don't apply. I'm trying to make it fit on one page. Hopefully it'll suffice for those who ask for a waiver.
 
There are always lawyers that will challenge any document, no matter how legal it is, but if it will get him climbing trees with the homeowners, he should go for it. If he does damage, he will pay for it. If he gets hurt and doesn't sue the homeowner, it is not an issue. If he gets hurt and tries to sue the homeowner, then lawyers probably should get involved because he was the one who offered up the document stating he would not hold the homeowner or their insurance company liable. Any lawyers who could shred the legality of a liability wavier will be on his side. The homeowner's lawyers will attempt to make the document legal.
 
27RMT0N said:
Dude, not tree work related (unless you run a business) but Brother laser multi-function printers are the bomb.

Had mine for years without a single problem, still on the original ink cartage (they don't dry out like inkjets) and use the scanner and copier pretty often as well.
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I will second this. I have a brother and a backup one. Been 10 years now and were still on the first one. Had one cartridge issue in all that time.
 
This is true but it all comes at a cost. $$$$$

They might not get the damages but will get legal fees and court costs. Insurance companies sue insurance companies and since Winch has no insurance he is on the hook for it all.
 
flushcut said:
This is true but it all comes at a cost. $$$$$

They might not get the damages but will get legal fees and court costs. Insurance companies sue insurance companies and since Winch has no insurance he is on the hook for it all.
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I think he knows that. He just wants to climb and have the people let him. I believe he understands his risks. If a wavier to the homeowner allows him to climb, he should go for it if he is willing to take that risk. Heck, if he gives me a wavier, he is more than welcome to come climb my trees.
 
Actually I've got plenty of insurance, it's just not the kind I would need as a business engaging in tree work. That would be prohibitively expensive if I could get it at all.

What irritates me is people who will allow a situation to exist when it presents a danger to themselves, their family, and their neighbors after I've offered to take care of it for free. They're scared about me getting hurt and suing them more than they are about the other obvious risks to life and property, and they're too cheap to pay someone in business to do the work.

Even the local elementary school will leave a dead limb hanging near the entrance to the school.
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Hundreds of people will be walking under that limb every day when school starts in a couple weeks. I've alerted the admin people twice, and they actually had a big Genie lift at the school that they could have used to get it down, but the limb is going to stay right there until it falls. I'd offer to get it down, but I'm hesitant to use the Big Shot so close to the busy street and the high voltage power line that's about fifteen feet away. I'm also pretty sure they'd turn down the offer, even with a waiver. Luck is on their side, and they've got plenty of insurance.

There's another situation I encountered where an even bigger dead limb is hanging over the children's play area. It would be an easy take down, but the tree is on the other side of the fence and the owner there won't let me climb because of liability concerns. The guy with the kids says he can't afford to get a tree service company to get the limb down. I'm going to see if the waiver will help here.
 
I would avoid attempting either of those projects unless you are bonded and insured. Neither is worth the risk you would encounter, even with a waiver. It is not like you are just asking a private homeowner to climb his tree on his land. Here you have a risk to public and public property. Whole different ball game.
I know it bugs you that these conditions exist, but bit the bullet on both of these. And your wavier wouldn't mean a thing if you dropped a branch on the power line or damaged some property on an adjacent yard or sidewalk.
 
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