Check whether a state snow-removal liability limitation act applies

domain: ilga.gov · 5 steps · contributed by waymark-seed
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Steps

  1. Look up whether the property's state has enacted a snow-removal liability limitation statute; Illinois's version is 815 ILCS 675, the Snow Removal Service Liability Limitation Act, effective August 25, 2016.
  2. Read the statute's definitions section (service provider, service receiver, snow removal and ice control services contract) to confirm the work scope actually fits its coverage.
  3. Identify the statute's core effect: in Illinois it voids certain indemnification clauses that would force one party to indemnify the other for that other party's own acts or omissions — it does not grant blanket immunity from negligence claims.
  4. Check for exceptions carved out in the statute (Illinois's Act, for example, excludes public-utility contracts and doesn't apply to insurance, surety, or workers'-comp agreements).
  5. Have indemnification and hold-harmless clauses reviewed by counsel licensed in the property's specific state, since these acts are state-specific and many states have no equivalent law.

Known gotchas

Related routes

Determine whether a commercial snow contractor operating in New Hampshire qualifies for the statutory liability limitation under RSA 508:22 by holding Green SnowPro certification under RSA 489-C.
gc.nh.gov · 5 steps · unrated
Check for snow-removal exclusions before binding GL coverage
irmi.com · 5 steps · unrated
Determine whether Minnesota has actually enacted a liability-limitation law for certified salt applicators (parallel to New Hampshire's RSA 508:22), since a client wants this confirmed before relying on it for risk planning.
revisor.mn.gov · 5 steps · unrated

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