Who is responsible for this?

Discussion in 'Starting a Lawn Care Business' started by Great Care, Aug 1, 2011.

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  1. Great Care

    Great Care LawnSite Member
    Posts: 3

    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.
     
  2. FoghornLeghorn

    FoghornLeghorn LawnSite Senior Member
    from Texas
    Posts: 750

    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...
     
  3. NIXRAY

    NIXRAY LawnSite Senior Member
    Posts: 511

    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.
     
  4. RussellB

    RussellB LawnSite Fanatic
    Posts: 5,998

    Whomever though the stone is responsible. The cost of insurance for a small company is less than the cost of the car window.
    Posted via Mobile Device
     
  5. Snyder's Lawn Inc

    Snyder's Lawn Inc LawnSite Platinum Member
    Posts: 4,541

    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
     
  6. Great Care

    Great Care LawnSite Member
    Posts: 3

    Thank you for all the good advice and information.
     
  7. Mickhippy

    Mickhippy LawnSite Platinum Member
    Posts: 4,199

    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!
     
  8. rywnygc

    rywnygc LawnSite Senior Member
    Posts: 523

    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.
     
  9. Mickhippy

    Mickhippy LawnSite Platinum Member
    Posts: 4,199

    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!
     
  10. RussellB

    RussellB LawnSite Fanatic
    Posts: 5,998

    Maybe the neighbors little girl though the rock in the yard. Shall we make her pay for it?
    Posted via Mobile Device
     
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