If a contractor does work for me and hurts himself, can i be held responsible?
also it turns out the contractor does not have a licence. i had no direct part in his injury at all. i own the property he worked on. and it's been over six months since this occured, yet he only just now asked for compansation.
Answers:
Landowners can almost always be liable for injuries that occur on their land, EVEN if the person who was injured was trespassing! Generally, the duty you owe someone like a contractor is to protect them from all known, artificial conditions on the land. In other words, if you did not know about the condition that caused his injury, you probably can't be held responsible. If the condition was obvious, open, and natural (e.g., a tree that fell over without warning), you probably can't be held responsible. If you have insurance, your insurance company will usually take over the lawsuit and they will represent you instead. There are lots of facts to figure out: for example, was the contractor negligent? Were there other causes of his injury? Etc. You should call your insurance company, who will explain how the case should proceed. If you don't have insurance, call a lawyer.
By the way, the fact that he is not licensed, in and of itself, doesn't mean anything. For example, you can't invite a contractor over to your property, rig it with booby traps, and then when he gets injured say, "Aha! But you aren't licensed." The duty attaches regardless of his license status.
Yes. You can be liable for any injuries which occur on your property or to anyone working for you. That is why you should carry an umbrella insurance policy.
Yes.you should have looked to see if he had licence and was bonded and insured.
The jury will look at it as just an ordinary person off the street doing work for you..and when that happens you are responsible for their well being and safety.
Best talk to your homeowners insurance people...that's why you pay those big bucks to them.
I don't really know, depending on the amount that he is asking I would suggest talking with an attorney, I know that several of the lawyers around here will offer free consultation.
It is the contractors responsibility to carry insurance/Workman's comp. If it was the inherent nature of the job and not due to your negligence than I wouldn't think that he could hold you responsible. The fact that he doesn't have a license and that it has been over 6 months simply undermines his credibility in front of a judge.
whoever he worked for has to compensate him only if he did injure himself on the job and if he reported to you when it first happened.
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