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Great Care
08-01-2011, 06:23 PM
You have started your lawn care business . You are cutting a customer lawn and a stone is picked up by your mower and crashes through the rear window of their car that is parked in the driveway. Who is responsible for the replacement of the window ,the landscaper or the homeowner . Should a compromise be made the landscaper pays half and the homeowner pays half. This brings up the question of insurance. If your only cutting a few lawns a week is it worth having insurance.

FoghornLeghorn
08-01-2011, 06:29 PM
Landscaper is responsible. Should have had the mulch chute down.

Insurance, yes. It is better to have it and not need it, than to need it and not have it...

NIXRAY
08-01-2011, 06:29 PM
IMO if you do ANYTHING for the exchange for money, you are considered a company/contractor and it is 100% necessary to carry the proper insurance not just to cover personal but also property and well just smart... NOW if this were to happen, I'd ask the H/O what kind of insurance they have and offer to cover the deductible and/or ask him/her to get three estimates, but in short the LCO should cover the cost.

RussellB
08-01-2011, 06:29 PM
Whomever though the stone is responsible. The cost of insurance for a small company is less than the cost of the car window.
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Snyder's Lawn Inc
08-01-2011, 06:32 PM
lol you did it you pay for it thats bottom line
Turn it in your Insurance you should have with a business licence and a Tax Id

Great Care
08-01-2011, 06:45 PM
Thank you for all the good advice and information.

Mickhippy
08-01-2011, 08:27 PM
What if a home owner does some gardening and fails to clean up properly. You have looked over the area and didn't see the rock! Should you still be responsible? Chute down!

What if a home owner hits a few golf balls in the back yard and looses a ball, only to be found by the mower and sent through a window. A golf ball is near impossible to see in longer grass without combing every square inch and is not to be expected. Who should be responsible?

To me, both the above I would consider the home owner partially responsible, if not totally but, if I wanted to keep those jobs I would have to pay up or negotiate with the home owner.

Doesn't the home owner have some duty of care? If I tripped over that brick or rock and injure myself, I would be well within my rights to sue the home owner!

rywnygc
08-01-2011, 08:37 PM
What if a home owner does some gardening and fails to clean up properly. You have looked over the area and didn't see the rock! Should you still be responsible? Chute down!

What if a home owner hits a few golf balls in the back yard and looses a ball, only to be found by the mower and sent through a window. A golf ball is near impossible to see in longer grass without combing every square inch and is not to be expected. Who should be responsible?

To me, both the above I would consider the home owner partially responsible, if not totally but, if I wanted to keep those jobs I would have to pay up or negotiate with the home owner.

Doesn't the home owner have some duty of care? If I tripped over that brick or rock and injure myself, I would be well within my rights to sue the home owner!

No, that's what insurance is for.

Squirrel runs across the road. The car in front of you hits their brakes. You rear end them....

You had no ability to control what just happened, but you are still at fault. Good thing you have car insurance, or you might have to pay for that moron's Lexus. Oh, no insurance? Well I guess you are hosed.

Mickhippy
08-01-2011, 08:45 PM
No, that's what insurance is for.

Squirrel runs across the road. The car in front of you hits their brakes. You rear end them....

You had no ability to control what just happened, but you are still at fault. Good thing you have car insurance, or you might have to pay for that moron's Lexus. Oh, no insurance? Well I guess you are hosed.

That squirrel is not under the control of the car in front and is just an unfortunate accident (although completely idiotic by the driver not to just hit the squirrel.)
A home owner leaving objects on there lawn is negligence.

Just so you know, I am fully insured etc. Just chatting!

RussellB
08-01-2011, 08:51 PM
Maybe the neighbors little girl though the rock in the yard. Shall we make her pay for it?
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Stillwater
08-01-2011, 08:57 PM
You have started your lawn care business . You are cutting a customer lawn and a stone is picked up by your mower and crashes through the rear window of their car that is parked in the driveway. Who is responsible for the replacement of the window ,the landscaper or the homeowner . Should a compromise be made the landscaper pays half and the homeowner pays half. This brings up the question of insurance. If your only cutting a few lawns a week is it worth having insurance.

no compromise you are responsible 100% insurance is a must have, could have been your clients childs eye.

weeze
08-01-2011, 09:02 PM
it's an accident....not really anyone's fault...you didn't purposely throw a rock into their window...ask them if they have comprehensive insurance...if so their insurance will pay for it and you can pay the deductible for them or you can just give them a free mow or something and call it even....at little league baseball games a kid hits a homerun and breaks a car window....the kid nor his parents pay to get it fixed.

rywnygc
08-01-2011, 09:04 PM
That squirrel is not under the control of the car in front and is just an unfortunate accident (although completely idiotic by the driver not to just hit the squirrel.)
A home owner leaving objects on there lawn is negligence.

Just so you know, I am fully insured etc. Just chatting!

No problem mick, glad you are insured.

My point with the squirrel story was that things happen that suck, but that's why it pays to be legal. It could be anything, a sprinkler head pops up at the wrong time...etc....

I'll be the first to admit that I hate...HATE... paying for insurance, taxes, etc.. but there are reasons for it. It drives me crazy to watch 60% of my hard earned money go to someone else for next to nothing...

BUT!!!.....I will be darn glad I did it one day when something happens and that insurance saves my company and everything I've worked so damn hard for.

weeze
08-01-2011, 09:06 PM
it's funny how people say "be legal"...it's not required to have insurance to be legal...at least not in my state...just pointing that out....noone is gonna sue you over a $200-$300 car window lol...they would lose money by doing that...just work something out with the owner on how to handle the situation.

JB1
08-01-2011, 09:07 PM
it's an accident....not really anyone's fault...you didn't purposely throw a rock into their window...ask them if they have comprehensive insurance...if so their insurance will pay for it and you can just give them a free mow or something and call it even....at little league baseball games a kid hits a homerun and breaks a car window....the kid nor his parents pay to get it fixed.



So if the kid mowing your yard busts your patio door and offers to give you a free mow for it, you'd be fine with it, I doubt that.

weeze
08-01-2011, 09:11 PM
So if the kid mowing your yard busts your patio door and offers to give you a free mow for it, you'd be fine with it, I doubt that.

it depends on how much he's charging for the yard...what someone would charge me for my yard is about the price of a new car window...i have 3 acres lol....what i was saying that the price for a mow might be close the the decutible amount...might not be...i dunno...might have to give them several free mows or something...or just pay them the money and be done with it...whatever he wants to do.

Michael J. Donovan
08-01-2011, 10:19 PM
I think the thread starter understands and gets everyone's point about insurance so I think we can let this one rest

thanks