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Old 01-31-2014, 10:57 PM
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humble1 humble1 is offline
LawnSite Silver Member
Join Date: Nov 2007
Location: MA
Posts: 2,492
Originally Posted by kgcs View Post
I installed a system for a commercial customer during the summer. This fall, I called about winterizing and they said that they wanted to leave it on during the winter to water the rye grass. Usually we do not have many freezing days in the south but this year has been a different year. Well today they had a customer slip and fall on one of the icy sidewalks and they called me and asked me to turn the system off. I told them I will turn it off and will order a freeze sensor to prevent this from happening in the future. I have no idea how bad the fall was but if the customer was seriously injured and sued the business, is it possible my business could get sued also? I warned the customer about possible freezing weather (I was referring more or less to the pipes, not really the water freezing on sidewalks) but the customer said they would take their chances. My business is fully insured but I prefer not to be sued!!
I'm up in MA. Here is the thing. The property owner has an obligation to provide traction control on any icy surface. Ex salt or sand on any ice. That is not your obligation.. Given that the customer is either providing and paying for the water via town supply or via their own pump then they put water on the sidewalk not you. A reasonable assumption from a reasonable man would be to not put water out when it can freeze. Again your not paid to monitor conditions that are an act of god. IMO
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