Used to work under a company running heavy equipment. Now I recently purchased a few pieces for mostly farm use but hard to see them sit 99% of the time and wondering about doing some small jobs like ponds or something when time and opportunity permits. I am not looking to create an official business from it nor do I want to do work inside the city limits, around utilities, etc. I was curious if a waver of liability with a customer could offer any protection? IE, "operator liability extends to operator and equipment only. Customer assumes all other liability". Obviously better worded than that but you get the idea. It was my understanding that some courts see ANY hired work as a business and thus assumes liability for the whole damn thing, regardless of any invoice of protection. I mean, how much trouble can you get into in a pond anyway right? lol... Just looking at ponds, site prep, clearing trees, water drainage, yada yada. Figure if I can make a little on the side with the equipment it would help me both by keeping the stuff running and a little extra scrilla.
You are operating a business.You can spin it to yourself but your thinking is all wrong.You need insurance.Before I let any contractor on my job for any reason he has to show me his Certificate of Insurance.
They may (insurance companies) base it on a yearly gross. If your not working much your premium could be lower. Shop around and that price goes into your equation for what you charge. This is why companies charge more, we have all the required certs to protect the customer.
Some farm policies will allow custom work with in limits. Check with your ins agent.
I'm not sure what your asking, but to not have insurance on everything you do is a bad idea, if your getting paid to do anything, your in business, if you have a contract to defer the liability onto anyone else, your in business. If your in business, get insurance, have coverage, up your costs to cover them and do things right off the bat. There is insurance for the part time person working on the side, lower risk insurance to do ag work as has been stated, there's about anything out there you can get just make sure your buying what you need not something you don't. If your not willing to get insurance and do things right, go get a job working for someone else operating their machines instead of your own, its about that simple, either your in business, or not. I'm not sure what you have for equipment or what you do, but you've already got the machines, run your business legitimately and even if it is a part time thing, cover your butt and protect your stuff, you worked for it, you've paid for it, you maintain it, service it, insure it and don't let lawyers take it away from you because your attempting to save a buck.
My sentiments exactly Randy. If you are in business then be in business, with all the associated costs and headaches that come with operating a business. A person can't have their cake and eat it too.
I'm no lawyer but cases of a liability waiver being useless in this kind of situation are everywhere. If there is a problem the property owners insurance will pay but they will then come after you in a big way.
There is something that I have seen done around here. It's called rental equipment..............stay with me for a second..........along with the machine rental comes an operator, individual(home owner) is responsible for insurance buried lines etc..... Not sure how well it works out but seems to me like a good idea for the small time guy that just wants to give a far price for small jobs, that most contractors won't touch. I don't mean to step on anyones toes here but there are those jobs that can be done without taking out a 2nd mortgage. A lot of contractors won't even load their equipment for a 2-4hr job, they want more. I don't know the legalilitys of how this works, but have to wonder what would be the difference between renting the machine or renting operator with machine? An example might be one of those small backyard plastic ponds. Maybe the home owner wants the satisfaction of building it themselves but they (for one reason or another) can't move the dirt, small dump trk load. While there the rental machine/operator could also dig the 10' trench for eletric. Now one thing that should be understood this would be for small jobs not digging a 2 acre pond or doing work were there would be a lot of BS permits buried lines pipes etc... Maybe more of something aimed to those further off the beatin path.