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View Full Version : can one of you legal type folks point me in the right direction?



blueindian
02-15-2006, 03:31 PM
i'm going to hire a dude to cut down a few trees in my yard. he's an arborist for the city and does this sort of thing on the side.

he carries personal insurance but not liability insurance. i want him to sign a release such that if he gets hurt he can't sue me. i'd like one specific to NC that i can just print and fill in the blanks...where's a good place to find such a form?

Wizard
02-15-2006, 05:54 PM
#1 Rule I've learned from all the law classes I've taken is that you will never find such a form online that will hold up in court. If you are truly worried call a lawyer and pay the 400 bucks for him to draft one for you, that way if something goes wrong it's his reputation on the line, not just your money.

ialsohaveadream
02-15-2006, 07:13 PM
Single-incidence liability insurance is generally very cheap, depending on what amount you need covered (a policy for $1 million is generally about 500 dollars around here).

I doubt a waiver would do you much good, because I'm assuming you're wanting liability insurance so you can sue the guy if he f*cks up. Well, either way, you can sue the guy if he f*cks up, you'll just have a harder time getting a large sum if he's not insured. I don't see how the waiver helps you, unless I'm not understanding your question correctly.

blueindian
02-15-2006, 07:16 PM
no, i don't want to sue him. there are two problems:

1. he drops a tree on my house. fine, my home owner's policy will cover it.

2. he drops a tree on himself. not fine. i don't want him to sue ME.

I want HIM to release any right of claim against ME.

sizemic1
02-15-2006, 09:29 PM
How about finding a fully insured arborist?

blueindian
02-16-2006, 04:37 AM
How about finding a fully insured arborist?

none of them want to take the job. i have about 20 trees i want taken down but all i want is for someone to top short enough that i can handle them. all the big guys either don't want to do it or want way to much money to do it.

chadlnc
02-16-2006, 05:31 AM
I think what you are looking for is something along the lines of a Waiver and Assumption of Risk and Liability Release form. I tried to find one for you online, but they are all specific to certain groups (rock climbing for a school, etc.)

gwilks98
02-16-2006, 06:56 AM
You're forgetting what to do if he drops the tree on your neighbor's house. Does his "personal" insurance cover that?

ialsohaveadream
02-16-2006, 07:56 AM
none of them want to take the job. i have about 20 trees i want taken down but all i want is for someone to top short enough that i can handle them.
Have you tried hugging them to death? :)

Sorry, couldn't resist. I'd suggest looking into a single-incident liability policy. Considering the work being performed, and the experience of the worker, I'd say it'd probably be pretty cheap, depending on the dollar amount you want covered.