Danielle Schilling Quoted in "On-the-Job Protection," Long Island Business News February 29, 2016
The Long Island Business News sought commentary from Danielle R. Schilling, a Goldberg Segalla who handles construction litigation, for an article examining ways indemnification agreements help property owners protect themselves from unforeseen liabilities, losses, claims, or damages caused by another party.
“For example, if you are a business owner or property manager and you hire a snow removal company to do all your snow removal and a person slips and falls on snow in the parking lot, the property owner should not be responsible for the snow removal company’s negligence,” she said. “The indemnification provision is protecting the owner/property manager.”
While not required by law, Danielle noted, indemnification provisions are routinely entered into between an owner, architect, engineer, contractor and/or subcontractor. “When an injury or loss occurs on a project site, an analysis of the various indemnification provisions will aid in determining which party will bear the loss,” she said.
“The needs of a business owner, contractor or subcontractor vary drastically so they should always contact an attorney so the contract and indemnification clause is fairly drafted for each side. … This is about negligence and liability and it attempts to protect the people who aren’t at fault from being held liable. If you don’t have this agreement and one of your subcontractors is negligent in some form, there is nothing protecting your business from also being sued, which at the end of the day can create further legal costs and a lot of headaches. ”
Read the article here:
- “On-the-Job Protection,” Long Island Business News, February 29, 2016 (subscription required)