Liability question

[Deleted]

My lawn guy is now mowing in the dark.  He started at twilight, and he has told me before that he can do my yard blindfolded because he has done it so many years (maybe nine).  He is now trying to prove that.

I worry a little about him hurting himself.  There are no new obstacles, etc.  And he is an independent contractor.  But obviously, I would prefer that he not mow the lawn in the dark.

If he hurts himself, is it my fault?  Should I run out there and yell, "Stop!  In the name of liability!"  Inquiring minds want to know.

[Peace Of Mind]

Yes, it's your fault if he gets hurt on your property and he sues you.  You have a say as to when he mows.  If you don't want to upset him by telling him he needs to mow during the day blame the neighbors!   Say they complained about the noise at night.   

[Deleted]

Maybe.

I assume you haven't told him to mow at night, that it's his scheduling that dictates it. As an independent contractor he should have his own insurance(s) workman's comp and liability.

Also your homeowner's insurance should cover a certain amount.

But, if you're not comfortable about the situation, speak up! I think I'd be a little pissy that he wouldn't be able to see/check his work when he's done.

[Deleted]

Thanks for good advice, POM.  I didn't use "the neighbors complained" excuse, but I did flag him down and tell him that he was making me uncomfortable.  He said he sort of felt the same way, but didn't want to disappoint me.  He'll come back tomorrow or the next day to finish.  I don't care which. 

I just needed a push to get out there and tell him to stop.  When I originally posted, it was more like dark twilight.  It is really dark now.  I told him I just want him to be safe, and I didn't feel that was necessarily happening in the night.

[GRG a/k/a goldenrulegirl]

I'd make it a quality issue.

You sure don't want to wake up tomorrow morning and find several strips across your lawn that he missed.

A customer I've had for 9 years is one I'd want to keep.  Your lawn should be done late morning after the morning dew has dried off.  

[Deleted]

He does great work, Bonny.  That's his trademark.  When I told him I had moved to the country (he was my previous lawn service at a subdivision), he told me he didn't know how to do less than his best.  This is why I love him.  I told DH to never criticize or piss off my lawn guy.  I absolutely mean it.  He is a little expensive, but he is so awesome.

Anyway, he agreed with me that it was probably too dark.  The "not wanting to disappoint" me goes back to his work ethic.  I told him that it was fine if he had to finish up on Friday.  He has a full-time job.  This is his second job.  But the finishing of my lawn can wait two days.  Better that than him have an accident.

[HoneyBBQ]

Do you have an umbrella policy?

[Deleted]

Yes, HoneyBBQ, we do.  A million dollar one.  That doesn't mean I want any workers working for me, though, to be stupid.

[Deleted]

I agree, I wouldn't want my lawn guy doing our lawn at night either. But to answer the original question, doesn't it make a difference if he is licensed vs. Just a guy that does lawns on the side and you pay him cash kind of thing? My guy is licensed and insured (we checked when he took down a very large tree!) so, I'd assume if someone got hurt on our property, his own insurance would cover it. (regardless, we have a 1mm umbrella policy)

And do people actually check their lawn after it's done? Half the time Im not even home when my guy comes. He's in and out in maybe 20 minutes (we dont have a big lawn but DH hates mowing).

[Shooby]

  Well, you don't have to give any excuse or reason such as quality or the neighbors.  It is YOUR lawn and YOU are paying him.  So, if you don't want it mowed at night, you simply tell him you don't want it mowed at night.

[Abby Normal]

I don't think it's a big deal.  Because of our schedules, DH often starts mowing at dusk, sometimes finishing by headlamp.  As long as the guy carries insurance, your neighbors don't complain, and he's doing a good job- I say let him.

If he's that good, he's probably just busy and getting to your place late.

[tskeeter]

Anyone can sue you for pretty much any reason.  The only questions are how much it will cost you to defend against a frivolous suit and whether a judge would find some reason to decide against you in order to protect someone who is obviously not as financially well off as your are.

Your defense would be that the lawn guy is an independent contrator.  A fundamental element of the independent contrator relationship is that the independent contrator decides how and when they perform the work.  If the independent contrator decides to cut the lawn with a scissors, that's up to the contractor.  You can terminate the relationship because the cut is too uneven, or because the method of contractor selected to do the work takes too long.  But you don't get to dicate how or when.  If you start to tell the contractor how to do the job and when to do the job, your become an employer, and you assume all of the liabilities of an employer. 

Your "expressing concern" was a good approach.  You didn't direct the work.  You expressed concern about the contractor's safety and let him know that coming back when it was light would be OK with you.  The contractor could them make the decision on what he wanted to do.  Fortunately, he made the decision that you preferred.

[Deleted]

Well, he's back, and he is now edging or maybe blowing in very dark twilight.  Lol.  We will hope it is blowing.  It amazes me because he has been here 90 minutes, and I really thought all he needed to do was edge the driveway and blow it off.  I honestly thought about just sweeping the clippings into the grass and tell him not to bother.  Lol.

It is ONLY dark twilight so if he finishes in the next 15 minutes, I'm fine.  If he doesn't, I am going to have to tell him, "Enough."  His check is under the doormat.  He should take it and make it up to me next time.  I don't live in Suburbia with the perfect lawns.  He is basically taming weeds.

But he IS good.

Ok, he finished while I was typing this.