QUESTION
Can I be charge if an individual working on my property gets injured?
Asked on Mar 11th, 2014 on Personal Injury - Kansas
More details to this question:
I am having an individual, who was referred by a friend to come to my house to dig a trench and put in a French drain. If he gets injured while working on my property, such as back injury from digging or breaking an ankle from falling in the trench (less than 1 foot deep) can I be sued? He does this as a side job (looking for any work he can) and not as his career. I want to make sure I am safe if ever he injures himself from doing the work.
9 ANSWERS
Ronald A. Steinberg
Make sure he is insured. Generally, if you don't help him work, or provide any tools, he is on his own.
Answered on Mar 27th, 2014 at 6:21 AM
He would need to prove that you were somehow negligent or careless in maintaining the property. Make sure that you have homeowners insurance to cover this kind of work.
Answered on Mar 12th, 2014 at 10:04 AM
James Eugene Hasser
As long as he is treated as an independent contractor and not as an employee, you should be ok.
Answered on Mar 11th, 2014 at 5:49 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney to assure he is working as a contractor, or purchase a worker's comp policy.
Answered on Mar 11th, 2014 at 5:48 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Check to see if your homeowners policy carries a worker's compensation clause for casual employment.
Answered on Mar 11th, 2014 at 5:48 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Typically liability is based on doing something wrong or negligent. So if you take no part in the work, the mere fact of an injury on your property, without your negligence contributing to same, will not give rise to liability. If you control the work, the methods and means, etc. you may be deemed a general contractor and could have liability, depending on the specific facts of any injury. Why don't you just make sure the fellow has medical or work comp insurance, ask to see proof of same, and then any claims would be insured. Also if you have homeowners insurance, you would more than likely be protected from personally having to pay any claims. Of course, you could always hire a licensed workman that has insurance vs. a side job guy if you are truly worried about this.
Answered on Mar 11th, 2014 at 5:48 PM
3 Awards
You can be held liable for an injury if you have done something negligent to cause the injury.
Answered on Mar 11th, 2014 at 5:47 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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You should have or get homeowners insurance if you own the house or renters insurance if you are renting the house.
Answered on Mar 11th, 2014 at 5:47 PM
Edwin K. Niles
Anyone can sue anyone. If you have homeowner's insurance, I'll bet that it includes casual worker's comp coverage.
Answered on Mar 11th, 2014 at 5:47 PM