If Someone Gets Hurt While Working on Your Property Are You Liable?

In California, under the rule of premises liabilty, the owner of a property is responsible for maintaining their property in a condition that is reasonably safe to prevent posing an unreasonable risk of injury to guests or visitors. This responsibility applies to both businesses and private residences.

There are plenty of reasons for a property owner to call someone else to come to help them work on their premises. Maybe they need a plumber to come fix a leaky faucet. Perhaps they are finally going to get a deck installed in their backyard. Regardless of why a person needs to have somebody come over to work on their property, it is important to know what could happen if someone gets hurt while they are there working.

Will a property owner be held liable and have to pay compensation for a person’s injuries and other expenses?

Does the worker have insurance that will cover their expenses?

These are all questions that most people do not spend a lot of time thinking about because they usually have no need to. However, if you are thinking about having someone come to work on your property for any length of time, you should have an idea of what would happen if they get hurt. Read on to learn if you’re liable when someone gets hurt while working on your property and if you have further questions, speak with an Irvine premises liability attorney.

If the Homeowner Does Not Exercise Control Over a Project

In general, we will find that homeowners hire general contractors when they need a project dDid someone get hurt while working on your property? Can you be held liable? Read on to learn your duties of care to a worker on your on their houses, such as repairs or renovation. After reviewing plans and negotiating prices, homeowners typically get out of the way and let the contractor handle the rest. The homeowner can generally assume that the contractor will complete the work properly, or they will be able to sue for damages under contract law.

However, in these situations, the homeowner is required to provide a reasonably safe environment for the workers. If there are any hazards in the home or on the property, the homeowner is responsible for warning the workers of anything that could cause them harm.

For example, if a homeowner hires contractors to put in a new floor, but an old running ceiling collapses and causes injuries to the workers, the injured parties may be able to file a lawsuit against the homeowner. However, if the contractors were there to fix the rotting ceiling and they knew about the dangers and then sustained an injury, it is unlikely that the injured party will be able to file a lawsuit against the homeowner. In that case, the injured employees would likely be able to secure compensation through a workers’ comp claim.

If the Homeowner Exercises Control Over a Project

There are some situations where a homeowner might choose to closely monitor projects going on in their home, even if they do not have any construction experience. Even though this close monitoring of the situation may make sense to the homeowner, this could be a problem from a legal perspective. If a homeowner exercises any control over day-to-day operations of the work going on in their home, they significantly open themselves up to liability if an injury occurs to a worker.

When a homeowner issues any instructions to those working on their home, they are, in essence, exercising control over the situation and assuming responsibility for the workers. Any injury that occurs in this scenario could end up falling back on the homeowner.

Homeowner’s Insurance Policy

In most situations, a homeowner’s insurance policy will kick in to cover expenses in these situations. Anytime an injury occurs on a person’s property, their homeowner’s insurance liability coverage will likely cover the injury expenses and other costs arising due to the incident.

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