QUESTION
Am I legally responsible if a contractor is injured on my property?
Asked on Sep 28th, 2011 on Personal Injury - New York
More details to this question:
My contractor punctured a water line in my kitchen. He has no one to repair his damages. He has asked a customer of his to fix the damages at my house and he will give him a discount on his windows. Am I legally responsible if this man gets hurt at my house? He is not an employee of the contractor.
10 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are always responsible if you are negligent in any way. Otherwise no.
Answered on Jun 19th, 2013 at 8:49 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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You owe him the same amount of safety you do to any other guest in your home. Hidden or known dangers should be removed or eliminated. A warning may be enough, but why take a chance at injuring anyone?
Answered on Oct 28th, 2011 at 1:21 PM
To protect yourself, only allow this person to do the repair if this person is a licensed, bonded plumber with valid workman's compensation insurance. You can still be held liable for any injury occurring on your property which is unrelated to the work being performed (slip and fall on defective walkway, dog bite, etc.).
Answered on Sep 29th, 2011 at 11:47 AM
Steven D. Dunnings
Maybe. Have you checked out this contractor to make certain he is licensed by the State and is properly bonded? Also, have you checked with the State licensing agency to see if he has had any complaints filed against him on other projects? It just seems awfully shady he is bartering with another individual to repair the damage he did in exchange for a discount on the job he is going to do for the guy. Is the guy who is doing the repairs properly licensed by the state? Did your contractor even get permits to do the work he is performing? You have more to worry about than your potential liability for on the job injuries.
Answered on Sep 29th, 2011 at 10:50 AM
Retain or consult with a contract attorney for advice and direction. If you carry home owner's insurance, inquire with the insurance carrier to see if the customer would be covered.
Answered on Sep 29th, 2011 at 10:44 AM
2 Awards
Basically, you have a duty to warn others of hidden dangers on your property. Unless you have a dangerous situation that you know about and that is not open and obvious to the new contractor, then you should not be responsible if he is injured. To be safe, of course, you could always ask the new contractor to sign something that he assumes the risk of the conditions in your kitchen.
Answered on Sep 29th, 2011 at 10:29 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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As long as you have homeowner's insurance with workers compensation then you are safe.
Answered on Sep 29th, 2011 at 8:52 AM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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By law he becomes your legal responsibility if he is injured.
Answered on Sep 29th, 2011 at 8:22 AM
Criminal Law Attorney serving Centennial, CO
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Law Office of Mark P. Miller
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Quite possibly. But that could happen even if he was an employee of the contractor. Hopefully you have homeowner's insurance. Ideally you could have your own plumber fix the water pipe and have the contractor pay him/her. But then you run into a problem if the contractor stiffs the plumber and you potentially end up with a Mechanic's Lien on your house.
Answered on Sep 29th, 2011 at 7:58 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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All property owners are responsible for keeping their property in reasonably safe condition. If someone is injured, he will have to prove that you knew or should have known of a hazard and failed to take steps to correct it, even though you had time to do so, and it was that hazard that caused the injury.
Answered on Sep 29th, 2011 at 7:48 AM