I have a couple of emails here that illustrate why a tree service company damn well better have liability Insurance - in case they damage something - and workman’s comp - in case one of their employees gets hurt.
If a tree service can’t provide proof of insurance, NEVER, EVER, EVER, EVER hire them.
The tree care industry is one of the most dangerous professions out there. The employees work at extreme heights – sometimes 60-80 feet here in Texas - while using dangerous tools such as chain saws. The danger is compounded when working near power lines, between residences, along busy roadways and close to other infrastructure. It may not be quite as perilous as it was back in the 1930s (above), but even today working conditions place urban tree service in the same category as logging, rated as the most dangerous job in the U.S.
So, here are three recent cases which demonstrate the importance of demanding proof of insurance from any outfit you consider hiring.
Case 1: Randy, I hired a tree company that I thought you recommended. They had the right name, but turns out they weren’t the exact one you recommend. Well, this company damaged my electrical box, and they won’t answer my phone calls anymore. Can you help me?
The company I’ve recommended for years is THE Affordable Tree Service, and they always provide proof of insurance on the spot. I asked this sweet lady if she determined the company was insured before she hired them. Her response was basically, “I didn’t know they had to provide proof. They just said they were.” I assured her that if they truly were insured, her electrical box would have been fixed immediately. That’s why reputable tree services pay for insurance. Uninsured tree companies become ghosts or magicians when they break something on your property - they disappear!
Case 2: Randy, I admit I didn’t hire the tree company you recommend to do my thinning. One of the workers had a bad fall, and we got an ambulance out quickly. I was told by a neighbor that I’m going to be sued, because that company doesn’t have workman’s comp insurance.
I’m not a lawyer, but I play one on the radio occasionally. Seriously, though, while I don’t think you’ll be sued based on the circumstance described, weirder things have happened. And over the past 40 years or so, there have been cases where tree workers have sued property owners. When I asked the emailer if he had requested to see proof of insurance, his response was, essentially, that he didn’t know a tree company needed to provide it.
Case 3: Randy, I’m ashamed to admit that I hired some local landscapers to trim some big tree limbs from the neighbor’s property about to hit my house because they had some chainsaws on their truck. They did the work, but one of those limbs went crashing back into the neighbor’s side of the property damaging the AC system …
He was wondering if he was on the hook for that. Before I told him yes, I asked why he didn’t hire a professional, insured tree service? His answer was a tale as old as time: “Because they were going to do it for a fraction of the cost of what a tree company bid.”
So, in summation, your honor (me being a lawyer again, which I’m not), I command anyone in this region of the United States of American and in The Court of GardenLine with Randy Lemmon, please make sure any tree service company you hire provides proof of insurance! If they can’t show it on the spot, on their website, at the consult, via email, or in the bid, I guarantee they don’t have insurance, period! In most cases, they should be carrying with them when they are out for your bid.
By the way, in the old days, many businesses used the phrase “bonded and insured.” Today, though, tree companies don’t need to be bonded – that’s mostly related to a need to be inside a structure on your property.
RELATED:
PHOTOS: Getty Images