Hiring uninsured college students (who run a moving company) to move furniture

5 views 2 answers
If I hire an uninsured college student company to move furniture, will having them sign a waiver of liability for injury protect me from a lawsuit ? Thanks, Ed

Attorney Answers

2
L. Maxwell TaylorLitigation LawyerMiddlebury, VT ·
Hmm. They are running a business, and you are a client of the business (i.e., you are not their "employer")? You are considering hiring their business to move your furniture, right? In that case, if one of them, say, strains his back, I don't see how you would become liable for it. Such an event wouldn't be caused by your negligence, and apart from negligence I don't see a viable theory of recovery. That kind of an injury is just a risk of the type of heavy physical labor they're doing. Ordinarily, when a worker gets injured in the course and scope of employment, he becomes entitled to worker's compensation benefits from employer. But if, say, you neglected to tell them that the floor was wet in the kitchen, and then they slipped and fell while carrying your furniture, arguably your negligence would have caused that injury. And it's hard to see how a waiver of liability given in advance could, consistent with public policy, immunize you in a circumstance like that. My gut tells me such waivers violate public policy. If you have homeowner's insurance, you may be insured if such a thing happens. That's not legal advice, though, as I don't practice law in Michigan. It's just my two cents on the facts you describe in light of general principles of law. If you need legal advice, please consult a lawyer who holds Michigan licensure. That's not me. Good luck.
0 upvotes
James T. WeinerBusiness AttorneyFranklin, MI ·
I agree with the other answer.. a waiver will discourage, but not eliminate, lawsuits. The company should have general liability insurance and workers compensation. The biggest obstical that I envision is that you know that they do not have the usual and customary insurance so even with a waiver you may be found potentially liable. Therefore, if something happens that is your fault, expect your homeowners insurance to be potentially liable..
0 upvotes