How much protection does having someone who I am letting cut and remove trees from my property sign a waiver give me?

UPDATED: Dec 5, 2014

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How much protection does having someone who I am letting cut and remove trees from my property sign a waiver give me?

Is there a generic waiver form I can use?

Asked on December 5, 2014 under Personal Injury, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A waiver will provide some, but not absolute protection: someone can waive the right to sue you for the ordinary and expected risks of what they are doing (for example: falling off a ladder or out of a tree; having a tree branch land on your head; cutting yourself with a saw), but they can't waive unusual risks created by you (for example, you let them borrow your ladder, but your ladder is broken, and that's what makes them fall; using someone's broken ladder is not a usual or normal risk, and so you can't protect yourself from being liable for this).

You can easily find samples or templates online: print out a few and then come up with your own by combining the features you like of each.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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