If someone gets hurt while working on your property – are you liable?
- If someone gets hurt while working on your property – are you liable?
- Homeowner release of liability form for worker
- The Question of Homeowner Control
- What Are My Options if a handyman is injured on my property?
- Your Second Option
- What is the Meaning of Property Liability?
- Does Homeowner’s Insurance Cover Contractors?
- Other FAQs
- Speak with a Premises Liability Attorney Right Away
If you decide to hire a contractor to complete repairs or renovations on your home, and the contractor suffers injuries, can they file a personal injury lawsuit against you? As with many legal questions, the answer depends on the specific circumstances in question. If you suffer injuries while working on someone’s home, always discuss the matter with a premises liability attorney who can assess your individual situation.
Many homeowners assume contractors working in their houses are protected by company insurance and that an injury on the job won’t be the homeowner’s responsibility. Unfortunately, the homeowner can be sued and held liable for worker injuries – amounting to thousands of dollars in legal costs.
Homeowner release of liability form for worker
There are ways to reduce your risk of being sued for damages by injured contractors on your property, but you first need a basic understanding of the surrounding legal implications. Renovating your home involves various scenarios where either you or the contractor can be sued for damages if you don’t take certain precautions.
As a homeowner, you have two choices after hiring a contractor to work in your house: exercising control or not exercising control. Both of these situations come with the possibility of being held responsible for contractor injuries, so you need to understand how each option works and what personal duties are involved.
The Question of Homeowner Control
Often, the liability of a homeowner depends on the level of control they exercised over the project. Some homeowners discuss the desired work with a contractor and then leave the contractor to do their job. If a homeowner has little control over the day-to-day project developments, they might not be liable if injuries occur.
On the other hand, if the homeowner instructs the contractor to do things a certain way, use certain tools or ladders, or exercise similar control over the project, they are more likely to be liable if the contractor suffers injuries while following instructions.
What Are My Options if a handyman is injured on my property?
If you don’t exercise control during your home renovation, you step away from the project once you hire a general contractor, review the plans, and negotiate a price. You assume the contractors will do their job properly – otherwise, you can sue for damages since the contractor will have broken the contract.
However, when you step away and assume they’ll do their job properly, the contractors are then free to assume you’ve provided them with a safe workplace environment. Therefore, if an injury occurs, you could potentially be sued for negligence. In Georgia, the law requires homeowners to keep minimum standards of safety on their properties; otherwise, they’re liable to be sued for >unsafe premises. For example, if you let contractors do their job but don’t warn the workers of deficiencies on your property and an injury occurs, the contractors can sue for damages.
Say you’re having your home painted, and a worker falls through a rotten section of wood in your home. The painter entered your home with the impression that it was a safe environment to paint in, and you failed to warn him or her of the faulty area of flooring. This means you would potentially be at fault. However, if you hired a worker to fix the rotten patch of wood in your home and he fell through the floor, you wouldn’t be held liable, since the defect was obvious and the contractor was warned reasonably ahead of time.
This example follows the law of having “invitees” in your home; you have the obligation as a homeowner to repair known dangers and inspect for hidden ones the invitee may be exposed to while on your property. If you fail to do this and a contractor is injured because of it, you could be at fault for not taking due care to prevent the accident.
Your Second Option
It may seem like choosing not to exercise control over your renovation is too risky after reading about your liabilities, but taking the opposite stance can amount to further legal obligations – most of which the average homeowner is unaware of.
Saying something as simple as “You should probably be wearing safety glasses” to a contractor suggests you’re taking responsibility for the safety of all of the workers at the site. If a homeowner gives instructions to workers about where or how to do their jobs, some courts interpret it as an acceptance of accountability for the contractors’ well-being. Therefore, if an injury occurs, you could potentially be sued for damages.
What is the Meaning of Property Liability?
Property liability – also known as premises liability – is the legal obligation of a property owner to maintain reasonably safe premises for guests. A homeowner must provide reasonably safe conditions for the contractor and their team to work. If there are known defects on the property that might cause injury, the homeowner should warn the contractor of these ahead of time.
For example, a homeowner hires painters to paint the exterior of the house, which has a large wraparound porch. The contractors must stand on the porch and use ladders on the porch to paint most of the home. The homeowner knows that several porch slats are rotten, but forgets to tell the painting crew. If one crewmember falls through the porch when a board collapses and suffers a broken leg, the homeowner could be liable under premises liability principles. Anyone injured in this manner should discuss their options with a lawyer.
Does Homeowner’s Insurance Cover Contractors?
Depending on the policy, homeowners insurance may provide coverage for injuries to workers on your property, depending on the policy and state Workers’ Compensation legislation. If Workers’ Compensation coverage isn’t mandated or supplied voluntarily, homeowners insurance might cover lawsuits brought by injured workers or pay for medical bills if no lawsuit is brought. However, this is contingent upon the injured worker meeting the definition of a ‘resident employee’ under the policy
Homeowner’s insurance should protect an owner when someone is injured on their property unless they somehow intentionally caused the hazard or accident. Often, people injured on the private property of others will begin seeking compensation by filing a claim against the homeowner’s insurance policy.
Homeowner’s policies are like any other insurance policy – they will try to minimize the compensation they provide to those injured on the property. If you need to file a claim for injuries, you should first hire an experienced injury lawyer who handles premises cases.
What Happens if a Contractor is Injured on My Property?
According to Texas law, a property owner is generally not liable for personal injuries, deaths, or property damage to contractors or subcontractors unless the owner exercises some control over the work beyond merely ordering its start or stop or inspecting progress, and has actual knowledge of the danger but failed to warn adequately.
Who is Liable if a Contractor is Injured at Your House?
Homeowners have specific legal duties towards contractors and subcontractors. If a contractor is injured on the job, the homeowner may be liable for damages. This liability can arise if you, as a homeowner, act negligently, resulting in worker injuries. Negligence may include failing to maintain a safe work environment, not warning of known hazards, or not ensuring workers have sufficient training to prevent incidents.
Who Is Liable for Injured Subcontractors?
Most for-profit businesses in Texas cover employees with workers’ compensation, which pays for injuries regardless of employer negligence. If you hire an employee of a licensed contractor, workers’ compensation typically covers their injuries. However, if you hire an unlicensed worker not under workers’ compensation insurance, the law might view you as their employer, making you liable for any job-related injuries.
Can a Homeowner Be Liable for a Contractor’s Injuries?
Yes, if the homeowner is considered negligent or if they have exercised control over the manner in which the work is performed beyond basic oversight. As a property owner, you are required to repair known hazards, search for unknown hazards, and warn visitors about known but unrepaired hazards. For instance, failure to fix a known issue like a faulty staircase that results in a worker’s injury could make you liable under premises liability rules.
Who is Liable for Contractors on My Roof?
In Texas, roofing contractors are not required by the state to carry liability insurance. Homeowners need to ask for proof of liability insurance from their roofing contractors and verify it. Without such insurance, the liability may fall on the homeowner in case of an accident.
Speak with a Premises Liability Attorney Right Away
Premises liability cases can be complicated – especially those involving contractors who are injured while working on someone’s home. If you suffered injuries, you should have the legal team at Nelson & Smith Attorneys at Law evaluate whether you have a viable claim. If so, we can handle every step of the insurance claim process so you can focus on your injuries.