joe curtin
New Member
- 9
i hired a 25yo man to cut some trees on my property in upstate NY. After 4 weeks of weekend work he was injured when a tree he was cutting fell and broke his leg. He had a steel rod put in his leg and is doing ok but of course it's a serious event which I reported the same day to my insurance company, one of the big firms. I have not heard back yet.
His family have stated they don't want to sue however that will likely change with time, they are quite poor. He does not have insurance.
Two facts
1. I had told him the previous day he should stop downing trees and just cut the already downed trees into smaller sections to be piled up. He verbally confirmed this "plan" the day of the accident but obviously did not follow it.
2. The tree that fell on him was one of 3 trees he himself had stated should not be cut because they were too close to my house and too dangerous. He wanted to wait until he had an excavator on site to knock them down more safely. He went ahead and cut 2 of the 3, the last causing the injury.
What is my exposure here, whether negligence or other? I 'm conflicted as I feel badly for him and do want him to get help with his expenses. He has been calling and I don't know what to say to him. My policy says personal liability 500K, medical payments to others $5K.
Any advice appreciated.
His family have stated they don't want to sue however that will likely change with time, they are quite poor. He does not have insurance.
Two facts
1. I had told him the previous day he should stop downing trees and just cut the already downed trees into smaller sections to be piled up. He verbally confirmed this "plan" the day of the accident but obviously did not follow it.
2. The tree that fell on him was one of 3 trees he himself had stated should not be cut because they were too close to my house and too dangerous. He wanted to wait until he had an excavator on site to knock them down more safely. He went ahead and cut 2 of the 3, the last causing the injury.
What is my exposure here, whether negligence or other? I 'm conflicted as I feel badly for him and do want him to get help with his expenses. He has been calling and I don't know what to say to him. My policy says personal liability 500K, medical payments to others $5K.
Any advice appreciated.