Talk about bad luck.
Michael's parents just bought the house they’d always wanted in Kansas City, MO. One day while they were outside they noticed a huge split high up in one of their trees. They decided it was time to call a tree care company in Kansas City. They searched the internet for Tree Care in Kansas City, several companies popped up and they called quite a few of them and ended up hiring the lowest of the bids.
The tree care service arrived bright and early to remove the split lead from the trees. After the 3-man crew geared up, one went up the tree while the others held a rope attached to the split lead from the ground. As the man in the tree was getting ready to make his first cut something terrible happened. The kick of the chainsaw made him loose his balance and fall. Luckily, he was tied in to the tree and didn’t hit the ground but he did bang into the tree pretty hard breaking his arm and back.
But little did the homeowners know that this particular tree care service they hired did not have General Liability or Workman’s Compensation insurance. They were also unaware that when you hire a company with no insurance, you become liable for the people’s safety as a homeowner.
There have been many lawsuits like this in the past, the most recent being Ramirez vs. Nelson. In this case, a California couple hired a tree trimming company to come out and trim their tree. When Ramirez was trimming, he somehow touched a power line with his trimming pole and was electrocuted and killed. The Nelsons, the homeowners, were in the house when the accident occurred. They didn’t see it happen and they were unaware that the tree trimmer was uninsured and not licensed to do the work that he was doing.
Unfortunately, many people think that they can learn how to trim trees and make some money. They do not go through the proper channels of becoming licensed, insured and they do not get themselves extensively trained in tree trimming safety. The Nelson’s argued that they had nothing to do with the accident. The attorney said that they were the employee’s agent. They were liable because they hired someone unlicensed to trim a tree over 15 feet tall. They had only assumed that he was licensed. So, the Nelson’s were charged with wrongful death.
When looking for a tree care company in Kansas City, make sure that you thoroughly check out the company you hire. Make sure they have the proper training and carry the proper licensing and insurance require to do the job. Ask to see credentials before you allow work to begin. Do not put yourself in a situation where your liability comes into question.
Be safe and hire a Kansas City company that is familiar with your type of trees and has had extensive training and experience with them. Be safe, not sorry.
