Cabling/Bracing Liability Release Agreement

[arbor pro]

Ok, so a while back I shared with this group the 'Equipment Rental Agreement' form that me and my lawyer friend drafted up. So, can anyone reciprocate by sharing with me their Liability Release Agreement for providing cabling/bracing services?

I'm not looking to copy anything word for word - i just need somthing to use as a template. I have a cabling job that I've agreed to do on a hackberry that has a pretty weak structure to it. I told the homeowner I am 50/50 on saving/removing the tree and will only do the job if he signs a release of indemnity or liabiliy agreement acknowledging that there is no guarantee or warranty of services provided and that I, as the arborist, have warned him of the possible safety hazzard that the tree provides.

I am very aware of the liability that I may still be assuming in doing the job. That aside - does anyone have anything that they use in such a case?

thanks.

 

[Sunrise Guy]

I'll send you a copy of my release form but will make this statement, in this public forum: I am not a lawyer and any and all legal advice I give you, including allowing you to have copies of any and all legal forms I use in my business, may not protect you, legally, in the event you are sued by another party. In fact, following any and all legal advice I give you and/or using my forms with your clients, may result in your exposing yourself to more liability in the event you are actually sued. To protect yourself, legally, please consult with a licensed attorney who is licensed to practice before the bar in the area where the courts have jurisdiction over you and your business.

 

[arbor pro]

Thanks for sharing. I understand your disclaimer and fully waive you and your company of any liability.

Scott

 

[treeseer]

Use ANSI and the ISA BMP's.

Applying ANSI can make you an expert in the eyes of clients and authorities, such as your town, county or state government. ANSI standards are also recognized as the ultimate authority in the United States civil court system. In our country it seems that anyone can be sued for anything, so there’s no use in worrying about going to court, only in losing! There’s no need to fear losing a lawsuit if you have read the standards and know your work complies.

A tree “hazard” is defined as a level of tree risk greater than the owner is willing to tolerate. “Hazard trees” are managed by lessening—reducing, mitigating--the risk they pose, either by removal or by arboricultural treatments, to a level that the owner accepts. Reducing or supporting defective branches, propping or bracing defective trunks, guying trees with defective root systems; all these and more arboricultural activities can be specified and practiced free of liability concerns, if they are ANSI-compliant, standard operating procedures.

 

[Sunrise Guy]

(snip)Reducing or supporting defective branches, propping or bracing defective trunks, guying trees with defective root systems; all these and more arboricultural activities can be specified and practiced free of liability concerns, if they are ANSI-compliant, standard operating procedures.

The above is an absurd statement, so I'm not sure if it was posted as a joke.


As stated earlier in another post, I am not a lawyer. That being said, I have been writing contracts that have stood up in court since I was 12 (I was in charge of booking my first band). Lawyers routinely ask me if I taught contract law after they check out my releases, bills of sale, contractor's agreement to terms, etc. I have an excellent "feel" for the law, and anyone who tells you that you can do any given act "free of liability concerns" is either joking or a person who knows nothing about the law.

You've been warned.

 

[Sunrise Guy]

Thanks for sharing. I understand your disclaimer and fully waive you and your company of any liability.

Scott

You're a good man, Scott. Your post, above, shows you also understand the law. Thanks!

-Miles

 

[John Paul Sanborn]

The above is an absurd statement, so I'm not sure if it was posted as a joke.

I would not say absurd, or even naive, but maybe poorly stated.

One is taking on more risk of tort action, but if one states in the work agreement/contract and can show ANSI BP compliance then you have a leg to stand on in court.

That said, having in the agreement that the procedure will only reduce risk of failure will help more. Under the right conditions, any tree can fail.

So a few lines in the agreement as the above and that the client understands that there is still an elevated risk of failure compared to "the perfect tree" should keep you safe.

Errors and omissions coverage on your liability policy helps. It is in mine, through West Bend Mutual, at no extra cost.

Insurance Dictionary: Tort

In general, a civil wrong, other than breach of contract, for which a court will provide a remedy in the form of a suit for damages. Torts include negligent acts or omissions on the part of a defendant. Liability insurance is designed to cover an insured (defendant) for unintentional tort acts

 

[treeseer]

I would not say absurd, or even naive, but maybe poorly stated.

I agree, and so did the TCI editor. He got me to soften it to "with less..." or something like that.

Actually, I try to keep liability concerns, and other prejudicial thoughts, out of my head when I'm on the job. That's all taken care of with disclaimers and E&O insurance but most of all having confidence that the work is up to industry standard, so the duty of care is met.

That's more important than a bucketful of legalese. Words on paper cannot save you from responsibility for substandard work.