Potential liability with lending a ladder to someone?

May 01, 2019, 11:51 AM

smschulz

Are you that paranoid about lawsuits?
If you are just don't loan it.
Why would it be your fault unless you purposely gave something that you knew was faulty.
sheesh ? what are we coming to now days?

May 01, 2019, 12:00 PM

parabellum

Create a holding company and transfer ownership of the ladder to the holding company. Advise your neighbor that you do not have a ladder to lend but that you just happen to know of a business entity that has a ladder she can borrow. If she falls off of the ladder, dissolve the holding company and flee the country.

Simple

You're welcome

May 01, 2019, 12:15 PM

rusbro

This is turning into an episode of Nathan For You.

May 01, 2019, 12:24 PM

grumpy1

Thanks for all the replies, much appreciated.

May 01, 2019, 12:28 PM

grumpy1

quote:
Originally posted by chellim1:
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.

Thanks chellim1, makes a lot of sense.

May 01, 2019, 12:30 PM

Edmond

quote:
Originally posted by Sailor1911:
Or, you could go up there and fix that shingle!

Is he going to sue himself if he falls off the ladder?

May 01, 2019, 01:40 PM

joel9507

Don't they have ladder rentals at the local big box hardware store?

May 01, 2019, 02:15 PM

deepocean

quote:
Originally posted by parabellum:
Create a holding company and transfer ownership of the ladder to the holding company

May 01, 2019, 06:27 PM

egregore

quote:
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.

Fuck that. If I can spend tens of thousands of dollars on tools for my work, he can spend a C-note or whatever for a ladder. (ETA: a ladder like the OP's is more like $300.) Tell her "Sorry, I can't help."

This message has been edited. Last edited by: egregore, May 02, 2019 06:45 AM

May 01, 2019, 06:38 PM

darthfuster

quote:
Originally posted by smschulz:
Are you that paranoid about lawsuits?
If you are just don't loan it.
Why would it be your fault unless you purposely gave something that you knew was faulty.
sheesh ? what are we coming to now days?

We have evolved into a litigious society. Few are willing to accept responsibility for their actions and consequences preferring to instead make someone else suffer. We can't rely on the legal system to protect us since we have seen such injustice historically. There is no common moral code anymore so we can't rely on the right thing happening. Now we must all protect ourselves with ridiculous measures like a group of 13 yr old boys covering their genitals because someone in the gang started a ball whacking game and now no one can move or uncover for fear of getting thumped.

May 01, 2019, 07:02 PM

ZSMICHAEL

quote:
Create a holding company and transfer ownership of the ladder to the holding company. Advise your neighbor that you do not have a ladder to lend but that you just happen to know of a business entity that has a ladder she can borrow. If she falls off of the ladder, dissolve the holding company and flee the country.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
It seems to work for big business, and stock swindlers.

May 01, 2019, 07:41 PM

egregore

For all we know, if you did lend the ladder, you might never see it again. It would be sold for the scrap aluminum to feed whatever habit(s) he has.

May 02, 2019, 01:20 AM

crash

What kind of construction contractor doesn't have access to, or the ability to move a 28' ladder?

I wouldn't even bother using my truck to move a single 28' ladder. I'd just put it on the roof of the car.

She needs to find a handier "handyman".

May 02, 2019, 03:58 AM

grumpy1

quote:
Originally posted by calugo:
If he fell wouldn't he sue her home owners insurance instead of trying to go after you?

One thing I found out is that most home owners insurance will not cover liability if you are paying someone to work on or in your home (including maid/cleaning services,etc) and they get injured. That would put the homeowners income and assets at risk to pay for the injuries, recovery/rehab, and lost pay. Something I need to take into consideration as we are going to get a new roof this year and I understand a lot of roofing companies can claim they are insured but that does not mean everyone that might be working in the roof is insured, especially subcontractors. Apparently it is not unusual for a company or individual to lie about claiming they have insurance either.

May 02, 2019, 04:06 AM

grumpy1

quote:
Originally posted by egregore:
For all we know, if you did lend the ladder, you might never see it again. It would be sold for the scrap aluminum to feed whatever habit(s) he has.

May 03, 2019, 06:30 PM

grumpy1

All done and uneventful, just as I like it.

Her friend was really nice and found out he lives in my son's neighborhood. He does not do construction but is a trucker who does occasional handy man work. He has multiple ladders at home but I can't blame him for not wanting to put his on his Hyundai compact car for a 15 mile ride but I could tell he knew his way around a ladder.

He repaired a couple roof shingles at the edge of the roof about 22 feet up that had been damaged by branches. Then my lady neighbor was trying to use a hand pole saw to cut off the suspect branches and could not reach them and was going to go up the ladder, that she was afraid of, before I told her no way so I ended up doing it for her LOL. So she got free ladder use and free labor from me, oh well.