I have had several people ask me if I could install a rope swing in their tree. I have two of my own, but I am a little concerned over any legal issues if I do decide to install a swing for someone else. What if the limb failed or the rope broke etc.. Are my concerns justified? Thanks John

Reply to post by John Paul McMillin, on February 24, 2001 at 19:08:32:

Hi John, If you are adequately qualified to state that you inspected the tree(s)/branch(es) and saw no indication of likelihood of failure as a result of installing the swing, I would have thought you should be reasonably "safe". Another consideration would be to install the swing and get a signed waiver of liability if a failure should occur. Ultimately Lew will probably respond to your question, he is the trees and legal issues guy in here. Please accept his advice over mine. It will be interesting for me also to read his response to my suggestions,

James.

Reply to post by James Causton, on February 24, 2001 at 19:08:32:

James, please! I don't really beleive that I am a legal eagle. HOWEVER, Of course John could be liable if a rope or limb failed, whether he was negligent or not. Anytime someone is harmed or property damaged, there is likely to be an action. My suggestion is a simple disclaimer written on the contract. HOWEVER, disclaimers cannot disolve one of responsibility if negligence can be proved. We take risks anytime we do anything.

I guess this stuff does sound like legal gibberish.

Very treely,

Lew

Reply to post by lewbloch, on February 24, 2001 at 23:14:33:

And people can sue for any reason even if legal documents were signed.

A kid breaks his arm while uing the swing....


The installer is not liable for injuries incured by any person(s) using the swing....