Liable or no?

[babygiant2]

Very new to the business but have over 8 years of snow removal experience. Took on a new project for an apartment building with a slate roof. After a light snow, the cleared parking lot and walkways turned into thick ice and someone fractured their arm. Turns out the poorly insulated roof holds snow which then avalanches and freezes. Could I be held liable? the management company's insurance wants my info. Do I have a fight on this? Any advice pls

 

[Cream Cracker]

just know, since you were clearing the walkways, liability could still fall partly on you. Make sure your insurance is in order and document what you did (like salting), then leep track of communication with the management company, and if the roof's to blame, it might be their responsibility.

 

[reversi-0]

That's a really tough situation especially with an injury involved!

This sounds like a complex legal issue, and what you can do right now is consult with a lawyer who specializes in liability and contract law.

They can review your contract with the management company and the specifics of the incident to advise you on your possible liability and how to respond to the insurance company. I suggest you that you do not provide any information to the management company's insurance without speaking to your own lawyer first.

hope this gets sorted out soon!

 

[IceColdLeo]

Doesn't really sound complex to me except I dont know so much and what I think is that if the snow came off the roof and your contract didn't include roof hazards or re freeze monitoring, you're likely not liable. The building's poor insulation caused the issue and this rate you should probably get a lawyer

 

[PushItRealGood]

That's a tricky situation. Ultimately, it depends on what your contract has to say regarding roof hazards and ice management. If your contract doesn't address falling snow or ice that refreezes on the roof, you could be in a good position. I'd recommend consulting a lawyer before you reach out to their insurance. Did your contract include any details about ice inspections after the clearing?

 

[LostMine85]

Very new to the business but have over 8 years of snow removal experience. Took on a new project for an apartment building with a slate roof. After a light snow, the cleared parking lot and walkways turned into thick ice and someone fractured their arm. Turns out the poorly insulated roof holds snow which then avalanches and freezes. Could I be held liable? the management company's insurance wants my info. Do I have a fight on this? Any advice pls

this is a tough spot, and you absolutely need to talk to a lawyer specializing in business liability or contract law, ideally one familiar with snow removal or property management disputes, ASAP. Do not give the management company's insurance your info directly without legal advice
what exactly does your contract with the apartment building management company say? I'm curious.
does it specify your scope of work? Is there an indemnity clause or a 'hold harmless' clause? This is the most critical document

 

[ImCrushed]

That's certainly a tricky situation. A few years ago, I picked up a small commercial snow removal contract and faced a similar issue when ice built up from a leaky gutter that I wasn't charged with clearing. Fortunately, my contract clearly defined my responsibilities versus what was expected of the property owner. I'd definitely recommend what's already been said, find a good lawyer to go over your contract before you share any info. Just out of curiosity, does your agreement mention hazards related to snow on the roof or falling hazards, or is it just focused on snow and ice at ground level?

 

[FrostyThePlowman]

Having clear language in a contract is crucial. If the risks related to the roof or overhead aren't clearly outlined, you might end up being responsible for things that aren't really your duty. I'd get a legal review before responding

 

[Avenger]

Very new to the business but have over 8 years of snow removal experience. Took on a new project for an apartment building with a slate roof. After a light snow, the cleared parking lot and walkways turned into thick ice and someone fractured their arm. Turns out the poorly insulated roof holds snow which then avalanches and freezes. Could I be held liable? the management company's insurance wants my info. Do I have a fight on this? Any advice pls

Does your contract explicitly cover liability for ice or snow falling from roofs, or is it strictly limited to clearing the ground-level parking lots and walkways?