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Need quick opinion on legal liablility release

Moms View Message Board: General Discussion: Archive May 2006: Need quick opinion on legal liablility release
By Colette on Thursday, May 25, 2006 - 10:04 am:

would you sign this? I have a tree being delivered today and I think this says if they screw up, I have no recourse.



"if applicable the undersigned hereby authorizes landscapers depot, and/or
its agents to use private property for making delivery shown hereon and
assumes full responsibility for any damage or injury to the premises
occasioned thereby whether caused by negligence of Landscapers Depot or it's
agents.

the undersigned agreed to reimburse said company for loss of time and
equipment(towing charges) by reason of such delivery, and also indemnify and
save harmless said company from any and all claims, demands and suits for or
on account of in any manner caused by or arising from private property
delivery."

By Kaye on Thursday, May 25, 2006 - 10:19 am:

That is what that says. I probably would try hard not to sign it.

However, my FIL is a lawyer and we had some neighbors ask people to sign a release to use the trampoline. Ultimately he said things like that don't really hold up in court, IF something out of the ordinary was done.

What that means to me, is if they are digging a hole and hit a water line, that is pretty normal and you pay to have that fixed. But if the driver runs into your house because he didn't get enough sleep last night, then those would be extenduating circumstances and you could sue over that.

What I would do probably is try to talk to them about listing what types of damages would be normal and if those things happened you would release them. Good luck.

On another note...i guess this is one of those times prepaid legal would help..LOL (see earlier post)

By Colette on Thursday, May 25, 2006 - 10:23 am:

thanks Kaye. I am just not going to sign it. If it's a problem, they can take the tree back and I'll get one at another nursery.

they are just delivering the tree, not planting it. I am just worried if they damage the lawn when they deliver it, or hit the fence with the dolly that I am stuck fixing it.

By Cat on Thursday, May 25, 2006 - 10:33 am:

If you're willing to get the tree from somewhere else I wouldn't sign that. It just sounds fishy to me. We had a teen neighbor at our old house that used to do some babysitting (not for us but for another neighbor). All of a sudden one day she comes up with this 'release' that states something to the effect of -if your child is injured in my care, you will not hold me or my family responsible- blah, blah, blah. Her mom wrote it up for her and she wouldn't watch your child if you didn't sign it. She lost lots of business over that one. Duh!

By Karen~moderator on Thursday, May 25, 2006 - 10:46 am:

I think I'd get the tree elsewhere and let them take their tree AND paper back where they got it.

By Colette on Thursday, May 25, 2006 - 10:56 am:

turned out to be a non issue. He delivered the tree and never asked me to sign it. I won't be buying anymore trees there though.

By Dawnk777 on Thursday, May 25, 2006 - 11:08 am:

I don't think I would have signed that paper, either. Sheesh!

On the babysitter issue, would that piece of paper even hold up in a court of law, if she shook your child and then ended up dead or brain-damaged?

By Mommmie on Thursday, May 25, 2006 - 11:28 am:

Those releases don't hold up in court, including the school field trip releases and any others.

By Cat on Thursday, May 25, 2006 - 11:31 am:

Glad it worked out, Colette. :)

Dawn, I doubt it would hold dirt, let alone water in court. If I put someone in charge of my children OF COURSE they're responsible for them! Like I said, DUH!

By Ginny~moderator on Thursday, May 25, 2006 - 12:01 pm:

I wouldn't sign it. Part of what it says, more or less, is that if something happens - even if they screw up - you are responsible for time and towing charges, etc. And "hold harmless" clauses mean that if they get sued while doing business with you and someone gets a judgment against them - say, they hit your neighbor's car - they can pass the judgment on to you.

As to whether it's enforceable, depends on the court and the state and the laws in that state. But it would need a lawyer to defend you against it, and that would be expensive.

Glad you got your tree and yes, I'd never deal with them again.


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