Liability release forms

[Pixels Are Bad Mmmkay?]

If you are doing a large scale sign installation, or even something small, is it a good idea to have a liability release form of some sort for the client to sign before work is performed? If so, any idea where one could find such a form suited specifically toward sign shops?

 

[skyhigh]

you want a business to release you from liability should you damage something or hurt someone?

Don't think it works that way.

 

[lexsigns]

you want a business to release you from liability should you damage something or hurt someone?

Don't think it works that way.

I typically provide a certificate of insurance...

 

[d fleming]

Yep

I typically provide a certificate of insurance...

 

[Pixels Are Bad Mmmkay?]

Taken from About.com website:

"If your business conducts a potentially dangerous activity or interacts with the public in a significant way, then your business insurer may insist upon your business using release of liability forms or liability waivers (the terms are interchangeable and will be used that way for this article). The customer, client, or participant signs the form and "waives" their rights to make a liability claim if they are injured. The idea is to limit the number of negligence cases filed by patrons against your business. Even if your insurer does not insist on such liability waivers or releases, it is a good practice and should be a part of your risk management program."

This is why I ask. Insurance aside, is it a good idea to use release forms?

 

[Gino]

Not quite sure what you want to be released from, but we have customers sign a form releasing us from claiming damage to a roof or wall... even if we caused the damage.

Many years ago, I worked at a shop where we used a boom to put parts of the sign on the roof. Installed the sign and a few weeks later, the customer called the owner... claiming we had created a few leaks in his roof and wanted him to fix it immediately because it was damaging things in his store.

We went out and when we got there, he now wanted us to re-surface his roof. We went inside to see the damage and it was easily recognized as old leaks and nothing new had been created at all. I thought my boss was gonna run his foot clear up this guy's butt and out the other end. Also, the leaks were about 150' away from anywhere near where we were working.

Anyway, he had made up some kinda form which simply stated.... if we are to do work on your premises or property, rented or owned, we are not held responsible for any old or new leaks created by others, our work and even if we created the problems. If they didn't sign this, he told them to go pound sand.

You see, what happens many times is.... a roof or wall might be fatigued and not leaking, but simply walking up there, could quite well cause a problem. The mortar might just fall out from mere vibrations and then you're to be held liable ?? Sure, that's what insurance is for, but with today's con-artists, why be the fall guy and fix someone else's problems ??

 

[Locals Find!]

Have an attorney draft that up for you. Most any attorney can whip that out.

I wouldn't rely on something you just found on the internet for a form like that. As each State's laws are going to vary on what's allowed etc...

BTW, I have never seen someone give out a form like that for any kinda of Trade work. Usually you just give a certificate of insurance with the client named as additionally insured.

 

[lexsigns]

Should have had one one last week when a guy climed up the other side of my ladder while I was on it in my shop! Now THAT should have had a waiver LOL!
( I install as a sub - not my client)

Sounds like not a bad idea in generall ' let me know what you end up with if you dont mind-

 

[skyhigh]

I typically provide a certificate of insurance...

thats just proof that u have insurance.

Like gino danced around,
i may have them sign a release of liability for lets say the stucco frontage i HAVE to drill into....or that brittle roof i HAVE to walk on. But a blanket ROL in case u accidently smash the customers front window or drop the sign on his BMW......that wont happen.

The term ADDITIONAL INSURED dosen apply either. That is more for having a sub contractor adding u , the general contractor to HIs insurance as an example

 

[royster13]

If the person who is hurt is not a party to the document, they can still sue you.....Having a waiver can sometimes pass some of the financial responsibility for a claim to your client.....But that only works if your client has the resources to satisfy the judgement.....If not, regardless of the paperwork, you will be on the hook...

 

[TwoNine]

I think the idea of a waiver is absurd. I've been doing electrical signs and install for nearly my entire career and have never heard of anything even CLOSE to like this. My thoughts on it are: If you, as a professional sign company, came to me and asked me to sign one of those forms I would have to SERIOUSLY consider doing business with you. Do YOU think you're gonna break something or hurt someone??? (Is what I would ask myself)

I mean - if YOU aren't liable for the install or damage done from it - then who is??? Somebody has to be held liable and that's what the insurance is there for and the reason the premiums are so high. So long as you're honest with the insurance company about what you actually do. There are lots of people who say they are only working 20' and less, don't use booms, don't paint, don't touch electrical, don't use saws, don't use scaffolding, etc, etc, etc to keep the monthlies low - but when it comes time to pay on a claim, you better be sure you have your ducks in a row - because they will peg you for ANYTHING and deny the claim if they find deceit on your part. Even if you told them that all you did was paint the cans or whatever....If you didn't tell the insurance company that you paint - well then tough sheets. The claim can be denied - JUST for that alone.

We actually used to share some space with an insurance company (Farmers) and they would deny claims ALL DAY LONG for these type of reasons. So - be careful and be honest with them and I think you'll be just fine.

And quite honestly, the more I think about it - I'm not sure it (the waiver) would even hold up in court. Even with a signature on it from your client. I think you'd be hard pressed to find a judge that would allow for such a loose and blanket contract. Plus - even in the about.com description it says that your INSURER may request you give one of these to your clients. Well......DUH! Why wouldn't your insurance company want you trying to make sure that one of their underwriters or inspectors don't have to be bothered. They's DB's...

Anyway - that's my thoughts on it. ALSO - if you do find a lawyer willing to write one of these - I'd do a background check on them pretty thoroughly. I'm almost 100% that this contract wouldn't hold up.

 

[signswi]

Consult your business attorney. If you don't have one, get one already.

 

[headfirst]

Anyway - that's my thoughts on it. ALSO - if you do find a lawyer willing to write one of these - I'd do a background check on them pretty thoroughly. I'm almost 100% that this contract wouldn't hold up.

They're SOP in most industries. I wont install on a customers vehicle unless he signs a waiver.

 

[Tigertron]

Well it's I've only signed them. Never had anyone sign mine. I don't have one anyway. Just signed one couple days ago. They want to see my insurance cert and sign the liability release. Was for a hospital too.