My neighbor wants to borrow my Werner 28 FT aluminum extension ladder because "her guy" does not have a vehicle to bring his over to repair a couple shingles at the edge of the roof. I said I would but I would need her to sign away any liability on my part in case guy falls of ladder and has serious injury. I doubt her guy has much if any insurance. She says he is a construction worker that does side jobs.

Any idea what kind of liability form I would need? Some list "activity" field and I am wondering if I could use that and for activity list "borrowing for use of a Werner 28 FT extension ladder"?

Also would me getting a liability waiver from her protect me from any liability of "her guy" suing me if he did fall of the ladder that I lent to her and is in excellent shape? She already told him she could probably borrow a ladder from a neighbor.

If I put my just name on the waiver does that protect my wife also?

I am looking at the forms on this website as an example.

http://www.formstemplates.com/
http://www.formstemplates.com/release-of-liability/
http://www.formstemplates.com/...of-liability-choose/
https://formswift.com/builder....d1329a3&key=75288763

Any link to a suggested document to use. I don't mind paying $10 or so.

Do office supply stores sell such fill in documents?

Am I better off just saying I found my ladder is damaged and thus can't lend it out?

If I go to a lawyer, assuming I had the time, to have document prepared I am pretty sure she would not want to pay for that.


Thanks a bunch for any help!

You don’t sound comfortable doing it. Perhaps a better approach would be, “I’m sorry, I do not lend tools. For less than the cost of a proper indemnity agreement (where you agree to pay any cost of defending me), you could buy a ladder of your own. Sorry.”

I’m not the type to worry about everything. I would evaluate if the ladder is sufficient for the job, then is the roof worker familiar going up? I’d have to ‘assume’ a handyman doing roof work knows how to do it safely.

If yes & yes, I’d just let them borrow & not worry about it.

the ladder isn't the problem when hiring someone doing a side job you are taking a chance. hiring someone with proper insurance is the way to go it protects you and the contractor. even if you have him sign something he will find a lawyer and sue you home owners insurance anyway

If he fell wouldn't he sue her home owners insurance instead of trying to go after you? I don't see how you would be legally liable if he fell off your ladder unless it could be proven in court you knew the ladder was defective and there was a high probability it would fail.There are lots of guys doing odd jobs around people's homes, many do good work, charge reasonable rates but many don't have insurance so you run a risk of being sued anytime you hire one if they are injured on your property. With that said I wouldn't have a problem lending my ladder out to a neighbor and I'd be more concerned with not getting it back than I would with being sued. Even if your neighbor signed a waiver and the guy signed a waiver you can still be sued.

It wouldn't even occur to me to require something like that. If I was so worried about a potential lawsuit then I would say no to your friend and just be done with it.

quote:

Originally posted by calugo:
If he fell wouldn't he sue her home owners insurance instead of trying to go after you? I don't see how you would be legally liable if he fell off your ladder unless it could be proven in court you knew the ladder was defective and there was a high probability it would fail.There are lots of guys doing odd jobs around people's homes, many do good work, charge reasonable rates but many don't have insurance so you run a risk of being sued anytime you hire one if they are injured on your property. With that said I wouldn't have a problem lending my ladder out to a neighbor and I'd be more concerned with not getting it back than I would with being sued. Even if your neighbor signed a waiver and the guy signed a waiver you can still be sued.

Thanks for the info. The more I have been looking into it I think you might be correct in that my liability would be to make sure that the ladder I lend is in good safe working order and maybe even demonstrate such and document with a quick phone video going over the ladder parts.

Thanks for all the replies, much appreciated.

Sell it to her for $50 with a bill of sale, with a disclaimer that the ladder appears in good working order but she should inspect/have inspected the ladder by a ladder expert before use?

After the job is completed successfully without incident, you buy it back from her?

quote:

Originally posted by bubbatime:
Sell it to her for $50 with a bill of sale, with a disclaimer that the ladder appears in good working order but she should inspect/have inspected the ladder by a ladder expert before use?

After the job is completed successfully without incident, you buy it back from her?

Thanks, that is not a bad idea.

Guy across the street, I've known him for 20 years, wanted to borrow my 6' A-frame ladder to climb in a back window. He knew I had it because he "noticed it was behind my house". I told him it was locked up and I misplaced the key. Same issue, someone unfamiliar with ladders and english falls, and hires someone very familiar with law.

New renter two doors down wanted to borrow the same ladder as soon as he moved in, to repair a porch light. I told him of my concerns, falling, being interrupted to get it back, having to come ask to get it back. I did lend it to him, but did have to go retrieve it.

Generally, I never ever lend any tools related to my trade.

Dad, 84, is moving. Wants to borrow my truck, which is loaded with commercial lability insurance. I imagine an idiotic impaired relative moving the truck for dad, backing into the house or another car, and claiming he did not realize the truck was so big and heavy. Lawsuit against me for lending the vehicle.

In the words of my insurance agent, if the request makes you uncomfortable enough to have to wonder whether it might be an issue, you're better off not making the loan.

In this state, Pennsylvania, I'm on the hook for anything that happens with my truck. A direct contradiction to my father claiming, "I'll take care of anything that comes up". That is not the way it works.

quote:

Am I better off just saying I found my ladder is damaged and thus can't lend it out?

If I valued my relationship with my neighbor I wouldn't lie.

Also, I agree with calugo, above.

I'm a lawyer, but I've never asked for a waiver to loan something out. I judge the person I'm lending to. There are people I won't lend to. If I trust the person, I will explain enough about the equipment for them to use it safely. I'll also explain my concern about liability... and ask "Now, you're not going to come after me if you have a problem with this equipment, are you?" If they can look you in the eye and answer that question, and you trust them... then I'd go ahead.

With the contractor using it you introduce a 3rd party, which complicates things. The bill of sale idea is not a bad one. I would just tell my neighbor of my concern and say "It's not my ladder, it's your ladder... if you want to let the contractor use it." If you trust your neighbor, that should be sufficient. Your neighbor, if trustworthy, wouldn't bring you into the equation.

quote:

Originally posted by slosig:
You don’t sound comfortable doing it. Perhaps a better approach would be, “I’m sorry, I do not lend tools. For less than the cost of a proper indemnity agreement (where you agree to pay any cost of defending me), you could buy a ladder of your own. Sorry.”

This

“Neither a borrower nor a lender be; For loan oft loses both itself and friend, And borrowing dulls the edge of husbandry.” Willie Shakespeare

Waivers are nonsense in my opinion and won’t protect you from liability.

If the person she hired can’t provide the proper equipment to complete the job, she hired the wrong Workman.

In my opinion, she would be providing the resource, you would be lending to her... it would be her, whom the lawyers would go after first, you have no agreement with the worker, just your neighbor.

I wouldn’t be comfortable either, not with how I’ve seen some of the roofers work in my area.

I would be honest and explain your concern, if she is miffed, then she’s not much of a neighbor.

Lending something to a neighbor is one thing. There are lots of things I'd lend a neighbor.

I would not, however, lend a neighbor something so they can lend it to someone else. To do paid labor much less.

quote:

Waivers are nonsense in my opinion and won’t protect you from liability.

They may protect you from liability, but what they won't do is protect you from the lawsuits or insurance companies settling to prevent a lawsuit.

quote:

my liability would be to make sure that the ladder I lend is in good safe working order and maybe even demonstrate such and document with a quick phone video going over the ladder parts.

I'll let the lawyers chime in on this, but I would think doing this would actually increase your liability. You're no ladder expert. You have no idea how to know it's in safe working order. If you "demonstrate" it is, and it isn't, now you've represented that it was.

I like the idea of selling it and buying it back. Do two bills of sale, have your neighbor sign both at the same time (buying it from you, and selling it to you) and take a check.

I've told friends and neighbors I don't lend out ladders, guns and knives. I also point out that the latter two are locked up but the first is hanging outside and if someone stole it I would never know as long as it was back in place the next time I needed and went looking for it.

quote:

Originally posted by arcwelder76:
Lending something to a neighbor is one thing. There are lots of things I'd lend a neighbor.

I would not, however, lend a neighbor something so they can lend it to someone else. To do paid labor much less.

Well, this is the crutch of it.

If you really want to help her out, just sell her the ladder like suggested above and then buy it back.

Or, you could go up there and fix that shingle!