Low-hanging branches or palm fronds at the entrance to an establishment are a
potential hazard for children as well as those in wheelchairs. These images were taken
on a walkway at a major hotel chains location.
These particular fronds have sharp ends and for a child to walk directly into one can
cause permanent eye injury.
This is just one of many examples of how businesses can become drawn into a costly
liability lawsuit over negligence.
Even if you can avoid a lawsuit and your insurance covers the incident, your rates are
bound to go up significantly. However, liability policies tend to have an “errors and
omissions clause” that stipulates that “because you had failed to avoid this from
happening by having things adequately trimmed, then your claim has been denied.”
Our advice is to confer with your insurance company to be sure you understand what
your responsibilities are to ensure that you are covered in a time of need. A good broker
will probably be able to offer a checklist on what to be aware of.
At the end of the day, be aware of what these potential issues are before they become
one.
As president of a landscape design and installation firm in Honolulu, John always
directed his team to be aware of liability exposure for their clients’ landscaping. His
company also received referrals and projects from various insurance brokers who
wanted their landscape architect to adhere to design themes that would not create
liability exposure.