If a tree contractor wants to use our property to access a tree on our neighbor’s property for removal, should we sign a “hold harmless” freeing them from any personal liability in case of accident or damage?

The owners want us to sign this “hold harmless”. The bucket truck will be on our property. He has insurance I have checked with his company.

Asked on October 8, 2015 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you should not why would you be willing to give up your right to sue them and seek compensation if they injure you or your property, or damage someone else's property or injure another person from our property and you are sued by that other person who tries to hold you liable because the contractor was on your land with your permission. You are already doing the contractor and your neighbor a favor--why give up any legal protection. In fact, you should have them sign something saying that they will pay for any damage they cause to your property or landscaping while on it.


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