What can I do to protect myself from a lawsuit?
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What can I do to protect myself from a lawsuit?
My neighbor has hired a treecutter to come into my backyard and cut trees on my property. I do not want to be responsible for any injuries/damage that may arise from performing this service by the treecutter. What can I do to protect myself from any potential lawsuits?
Asked on April 18, 2012 under Personal Injury, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Do not allow the treecutter to come on to your land until:
1) He provides proof of insurance, showing that he carries all required or prudent insurance (e.g. liability insurance).
2) Before letting the cutter onto your land, have him sign an agreement whereby he acknowledges that he is not your employee, is an independent contractor, has provided his own insurance and will pay his own taxes, and that he waives any claims or causes of action against you.
3) Ideally, get the neighbor to sign an agreement that should the treecutter sue you, the neighbor will indemnify you for any costs, expenses, or judgments.
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