QUESTION
What is my legal liability if a tree-trimmer cutting limbs over my driveway fell off his ladder into my driveway?
Asked on Nov 09th, 2012 on Personal Injury - New York
More details to this question:
Trimmer was hired by my neighbor (the owner of the tree). My husband agreed to split the cost with this neighbor. I am not sure if the trimmer is bonded or insured since my neighbor had the original agreement with him. Trimmer was taken by ambulance to hospital and he appeared to have compound fracture.
13 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You have no liability.
Answered on Jul 07th, 2013 at 10:27 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Hopefully you have homeowner's insurance. Typically most homeowner's polices cover this situation. You should contact your agent to find out but do so in inquiry mode only, don't make a claim just yet. The tree trimmer likely has his own insurance and hopefully he will not make a claim. Some insurance companies require their agents to report the incident as a claim if you call them to make such an inquiry, so be careful. Any claim can cause your rates to go up.
Answered on Nov 14th, 2012 at 3:04 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Probably none, if there was no negligence on your part.
Answered on Nov 14th, 2012 at 2:34 AM
It would seem to me that if you or your husband had no active negligence in making him fall you would have no liability for this. If the trimmer was an employee of a company hired by your neighbor, the trimmer should first look to his employer for worker's compensation. If the employer had no worker's compensation, then the employer would have to pay out of company's pocket. If the neighbor had any active negligence in causing this fall, then the neighbor might have some liability.
Answered on Nov 13th, 2012 at 2:48 AM
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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It sounds as though the neighbor hired the tree trimmer, and hopefully he made sure the man was licensed, bonded, insured in which case both of you should be clear of liability for injuries unless someone did something to cause the fall. If the worker wasn't properly licensed, then the neighbor became, in effect, his worker's comp insurer by hiring him. This is why it is unwise to hire unlicensed contractors. If the worker sues your neighbor and/or you, it will be up to him to prove who is liable and for what. It will also be up to the both of you to work up your defenses why you are not liable. All this is very fact-specific, and should be handled by a competent attorney when the time is right. As between you and your neighbor, since you are paying for some of the work, even though you didn't sign the contract, it will be up to yourselves or the judge or jury to work that out. With few facts to go on, this answer cannot be considered specific legal advice, but only a statement of general principles. A visit to an attorney with all the evidence would be necessary for a full answer.
Answered on Nov 13th, 2012 at 1:54 AM
Ronald A. Steinberg
You should have anticipated that he was going to fall, so that you could put a mattress exactly where he would land. No, seriously, you have absolutely no liability. If I came to your house, and as you invited me in, I tripped over my own shoe laces, since the accident was completely my fault, it made no difference that it happened at your house. I could have fallen in the street, or even at my house as I was getting into the car. Liability comes with responsibility.
Answered on Nov 13th, 2012 at 1:44 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If your negligence did not cause the fall I don't think you have any liability.
Answered on Nov 12th, 2012 at 11:29 PM
From what you've described it doesn't sound like you have any liability.
Answered on Nov 12th, 2012 at 11:16 PM
You should contact your homeowner's insurance company to see if your insurance with cover the trimmer's medicals. Your neighbor should do the same.
Answered on Nov 12th, 2012 at 11:14 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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He should have had his own Worker's Comp and Liability Insurance, so hopefully nothing on you.
Answered on Nov 12th, 2012 at 10:51 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Unless he was your employee, you are not responsible for an independent contractor's actions.
Answered on Nov 12th, 2012 at 10:34 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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I don't see liability for you or your neighbor unless either of you loaned him a defective ladder. This is described as casual employment at best and more likely a true independent contract. Even then, he should carry his own worker's comp or health insurance. Don't make any payment or admit any liability. I suggest ending your overtures and backing away.
Answered on Nov 12th, 2012 at 10:33 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Let me put it this way: If the tree-trimmer came in to my office, I'd tell him that worker's comp is his only resource. If he's self-employed, he'd better have worker's comp or health insurance on himself, because that's all he's going to be able to get.
Answered on Nov 12th, 2012 at 10:32 PM