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Who is responsible for accident or death of a logger on my property?

Started by whitepe, October 06, 2011, 04:56:01 PM

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whitepe

Okay. I just read some of logging fatality stories.  Very sobering.     I have agreed to sell one walnut tree from my property.   On the outside chance, god forbid,  the person felling the tree is injured or killed on my property.   Who is responsible? 
Am I exposing myself to lawsuit  risk for selling just one tree for a few hundred $$$ should something happen beyond my control?    And yes the feller is licensed and bonded and has 40 years experience.
blue by day, orange by night and green in between

SwampDonkey

"No amount of belief makes something a fact." James Randi

1 Thessalonians 5:21

2020 Polaris Ranger 570 to forward firewood, Husqvarna 555 XT Pro, Stihl FS560 clearing saw and continuously thinning my ground, on the side. Grow them trees. (((o)))

T Welsh

request a certificate of insurance from your contractor,it will tell you what type of insurance coverage he has! if he doesnt produce it. do not let him on your property.I pay a good amount of money to be properly insured and I do not like when fly by nights come in and low ball me.1million in liability coverage is pretty standard. your contractor sounds like he has good standing so you should be good to go.Tim

whitepe

Thanks T Welsh.    I just got off the phone with my neighbor.   The "contractor" is working his woods now.  My neighbor suggested I call the Peoria County SWCD and get the contractor's phone number.  My neighbor had no idea whether or not he was insured but he carries liability insurance for his farm.   Since I am not a "farm" and just a typical rural homeowner who has some trees.  This all got me to thinking about what risks am I exposing myself too.
blue by day, orange by night and green in between

WDH

In a typical timber sale, there is a clause in the contract that frees the landowner from liability for these types of accidents.  Many state Forestry Departments have sample contracts for people to reference and use.  I would not let him cut even one tree without a contract that spells out the deal and holds you harmless for his accidents.
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