Documenting for defense: Reducing termite liability

Documentation is the key to success and liability reduction. In today’s litigious environment, pest management professionals (PMPs) must maintain records with a specific mindset: keep records as though the next time you see them will be in court, a key piece of reducing termite liability.

When a claim arises, your service notes and diagrams are often the only things standing between a fair resolution and a substantial judgment. By documenting the structure’s condition and any limitations to your treatment, you shift the burden of liability away from your revenue.

Key takeaways

• Audit the footprint: Use online real estate sites and local government tax information to verify property diagrams and identify additions before the inspection.
• Exceed regulatory minimums: Set a company standard for record-keeping that goes beyond state requirements, including detailed handwritten notes.
• Timeliness is critical: Documentation should be completed as soon as possible after the work is done to ensure accuracy and legal weight.

Verifying the structure

Inspectors can now verify the property before the inspection via online real estate sites. Many local governments now list tax information that includes a diagram of the structure.

This digital “pre-inspection” allows inspectors to easily see whether any additions to the property were made that might not be covered under an existing contract or that might change the scope of the treatment. Identifying these changes early prevents the “strict liability” trap where a company is blamed for termites in an area they were never hired to protect.

Higher standards for record-keeping

While pesticide applications require detailed record-keeping by law, setting a company standard that goes beyond regulatory requirements will be valuable if there ever is a claim. This includes capturing specific site conditions, such as excessive moisture, wood-to-ground contact or structural hidden areas that limit the inspection.

Handwritten notes and field sheets remain highly valuable. Records should be retained beyond state regulatory requirements to ensure you are protected for the duration of a structure’s warranty or the local statute of limitations.

The “real-time” documentation rule

Memory fades, but records remain. Documentation should be completed as soon as possible after the work is done. Delaying your reporting increases the risk of omitting a critical detail that could prove vital in a legal defense. Whether it is a treatment gap caused by an obstruction or a specific recommendation made to the homeowner, if it is not in the record, it effectively didn’t happen in the eyes of a plaintiff’s attorney.

Continue your liability training

• Claims and coverage – Proactive management of insurance requirements
• Technical walkthrough – High-risk areas and WDO reporting
• The essentials – State regulations and label adherence
• Back to hub – Protecting your termite revenue: The full guide