If I have no liability insurance at my property and have unskilled work done at my property, is a waiver of liability a good enough protection?
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If I have no liability insurance at my property and have unskilled work done at my property, is a waiver of liability a good enough protection?
I have an acquaintance who will be doing some land/brush clearing at my property. I am concerned if he hurts himself I would be liable. If he signs a contract and waves liability, is this a good enough protection?
Asked on February 7, 2012 under Personal Injury, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Liability waivers are helpful, but are not absolute. You can have your acquiantence assume the risk of liabilty from the normal hazards of brush clearing: for example, chopping into his own leg; heat stroke; tripping and falling; etc. However, you typically cannot have him waive your liability for conditions where you have been negligent or have intentionally done something wrong. So, for example, if you know there are dead trees, with a greater-than-normal risk of falling on him, but do not warn him, you could be liable for injuries from those trees. Other possible sources of liabilty for you are any animals you have on your property; any pipes or electrical wires strung through that area in a careless fashion; if the tools you give him to use are not well-maintained; etc.
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