I suspect it depends a lot on who was contracted to who.

If company A contracts with Joe Schmoe to remove 4 towers
out of a 6 tower array, and company A contracts with company
B to do the job, then company A will retain some of the liabilty.

After a finding of liablity in court, then company A can pursue
company B.

Now, if company A contracts with company B to remove Joe's
towers, but company B also removes company C towers, then
the liablity on company A should be reduced, but it will still
be there to some extent.

The consideration of "deep pockets" will be sure to play also.

I don't think there is such a thing as a clear cut answer, espically
with 50 different state laws playing into it, as well as federal.

Don't take your organs to heaven,
heaven knows we need them down here!
Be an organ donor, sign your donor card today.

----- Original Message -----
From: "Jimmy Phipps" <wildredneckedokie@...>
To: <Tower-pro@yahoogroups.com>
Sent: Monday, January 12, 2009 4:22 PM
Subject: RE: [Tower-pro] QUESTIONS ON WHO IS LIABLE


It will come down to whether you actually had a contract with them or not.

Jimmy

--- On Mon, 1/12/09, BRYAN HEABERLIN <mbheab8@...> wrote:

From: BRYAN HEABERLIN <mbheab8@...>
Subject: RE: [Tower-pro] QUESTIONS ON WHO IS LIABLE
To: tower-pro@yahoogroups.com
Date: Monday, January 12, 2009, 4:05 PM

If they worked for you, and you made them supply you with a COI with a
Waiver
of Subrogation on all of there policies, then there insurance company is
stuck
with it. If there is no Waiver of Subrogation in place, then there
insurance
company will investigate the incident to rule out who is responsible, if
there
insured contractor is at fault then they will cover, if it is ruled that it
was
another parties fault that the towers collapsed then they will go after
thier
insurance company.

That is what I would assume.



To: Tower-pro@...: usedtowers@...: Mon, 12
Jan
2009 15:56:04 -0600Subject: [Tower-pro] QUESTIONS ON WHO IS LIABLE



HIRED A COMPANY IN TX TO REMOVE SHELTER AND 8 TOWERS. WHILE ON
PROJECTSOMEONE
DROPPED TWO 200' ALUMINUM 30" FACE TOWERS ON THE GROUND. ON THEREWATCH.
THEY ARE INSURED.THANK YOU,Michael Landa, DirectorLanda and Associates,
INC<mailto:SALES@...> SALES@...
360.474.8991<http://www.usedtowers.com> www.usedtowers.com [Non-text
portions of this message have been removed]





_________________________________________________________________
Windows LiveT: Keep your life in sync.
http://windowslive.com/explore?ocid=TXT_TAGLM_WL_t1_allup_explore_012009

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