[htdinh1002]

Hello,

I'm in the process of buying my first rehab property but it's filled with junks inside and has a gigantic tree in the backyard that I want to cut down. Does anyone have an injury waiver form that I can use for my contractors as a way to protect myself in case they get injured and sue me for it?

[John Merchant]

Waiver forms are simple and to be found online many places.

BUT first I'd recommend your reading (or having a pers. injury practicing lawyer do it for you), that law in your state as it might very well have a restriction on such a waiver's use and effectiveness in your state.

Law on personal injury and the right to recover damages if hurt by somebody else, intentionally or otherwise has changed dramatically and drastically since I started reading it. e.g. old law rule of "caveat emptor", or buyer-beware used to be law in every state warning buyer, tenant, lessee, etc that the co that sold him the harmful product, or rented him the defective property was probably immune or protected from his suit against that co if their product or property did him damage.

But "caveat emptor" has basically done a 180' flip in last few years to the point that today it's the co/seller/leasor/landlord etc that has to look out for its own good as today the consumer has most of the rights and other side is presumed to be at fault and liable for any injuries to person or property.

Today it'd be a lot more accurate to speak of general law being "caveat vendor" or "careful, Mr Seller"

In the past year I've been to a couple of state atty general sponsored conferences outlining the vast consumers' rights that exist today where the evil manufacturer, seller or renter is probably at fault if any injury occurs.

[htdinh1002]

Originally Posted by John Merchant

Waiver forms are simple and to be found online many places.

BUT first I'd recommend your reading (or having a pers. injury practicing lawyer do it for you), that law in your state as it might very well have a restriction on such a waiver's use and effectiveness in your state.

Law on personal injury and the right to recover damages if hurt by somebody else, intentionally or otherwise has changed dramatically and drastically since I started reading it. e.g. old law rule of "caveat emptor", or buyer-beware used to be law in every state warning buyer, tenant, lessee, etc that the co that sold him the harmful product, or rented him the defective property was probably immune or protected from his suit against that co if their product or property did him damage.

But "caveat emptor" has basically done a 180' flip in last few years to the point that today it's the co/seller/leasor/landlord etc that has to look out for its own good as today the consumer has most of the rights and other side is presumed to be at fault and liable for any injuries to person or property.

Today it'd be a lot more accurate to speak of general law being "caveat vendor" or "careful, Mr Seller"

In the past year I've been to a couple of state atty general sponsored conferences outlining the vast consumers' rights that exist today where the evil manufacturer, seller or renter is probably at fault if any injury occurs.

Thank you John!

[John_Corey]

Originally Posted by htdinh1002

Hello,

I'm in the process of buying my first rehab property but it's filled with junks inside and has a gigantic tree in the backyard that I want to cut down. Does anyone have an injury waiver form that I can use for my contractors as a way to protect myself in case they get injured and sue me for it?

Are you hiring a specialist who is in the business of taking down trees?

Do you have a general liability policy that covers things where are not already covered by other policies?

[htdinh1002]

Originally Posted by John_Corey

Are you hiring a specialist who is in the business of taking down trees?

Do you have a general liability policy that covers things where are not already covered by other policies?

I'm just going to hiring a guy through a friend then ask him sign the waiver.

I do not have general liability. Where do I get that?

[John Merchant]

Your home-owners insurance policy contains coverage for liability so as to protect you if someone claims to be hurt or killed on your property and this coverage might be extendable to cover other properties you own.

This is an issue you should take up with your insurance agent as he/she'll know if your HO can be used for this or if you'll require additional insurance policy to cover your non-HO properties.

[htdinh1002]

Originally Posted by John Merchant

Your home-owners insurance policy contains coverage for liability so as to protect you if someone claims to be hurt or killed on your property and this coverage might be extendable to cover other properties you own.

This is an issue you should take up with your insurance agent as he/she'll know if your HO can be used for this or if you'll require additional insurance policy to cover your non-HO properties.

Thank you John. I will ask my insurance agent about this.

[John_Corey]

I would speak with a good insurance agent who is used to business and homeowner coverage. What you are expecting to do might not be covered by a plain vanilla policy.

As you are rehabbing a property it might not be possible to insure it through a homeowner policy. The insurance broker who is worth working with will understand what is needed and is being paid to make sure you have the right form of coverage. Be very clear about the facts so that the insurance company does not deny coverage later when they claim you mislead them as to the situation. It is not the premium that matters. It is the payout when you need someone to write the check.

[Natalie-VA]

I'm a little late on this reply, but why don't you just make sure you are hiring a qualified contractor who is licensed and insured?

People who don't know what they're doing are often killed by gigantic trees. That could be one expensive lawsuit.

--Natalie