unlicensed gardener-will a waiver release us from liability

[kdumas]

What is the name of your state? CA

If I have a gardener/tree trimmer (who is not licensed) sign a waiver releasing us from any liability in case of an accident, will it hold up?

If so, what should this waiver say? Can it be as simple as "Gardener's Name" releases any and all liability from "our name and address" in case of any accident which could occur while working on our property.

 

[rmet4nzkx]

California doesn't license "gardeners" do you perhaps mean a contractor's or landscape archictect's license? Are you refering to bonding?

If you sign a written release or contract, you can be held accountable for it under CA Evidence code 622-3.

I suggest you check with your homeowner's insurance re your coverage for accidents causes by your tree trimmer and whether or not they have worker's comp insurance.

Many bargin "contractors" employ day labor's/illegals and may not document everything, so you have to protect yourself.

 

[kdumas]

tree trimming

The truth is that he's trimming trees and trimming hedges. He's not illegal and he has been doing this for 8 years. However, I'm certain he doesn't have workers comp. He says he does have his own medical insurance. He said he would be willing to sign a waiver. If I have him sign this waiver, do I need to get it notarized. There is a notary right down the street. At this point, I'm just trying to decide whether to call it off. He has not done anything at this point. Of course the price he's charging me is about a 1/3 less than a insuranced tree cutter which we can't really afford at this point...

 

[teflon_jones]

As rmet4nzkx suggested, you need to contact your homeowner's insurance to help determine your liability. It's unlikely that a waiver will fully release you from responsibility.