A contractor and his team’s job is tough and tricky. Every homeowner hires contractors to get repair work done in their home. There might be the renovation of the kitchen required or a leaking ceiling that needs repair. No matter if the project is big or small, you would need to hire professionals for the task and if god forbid during the process of the work the contractor gets injured, then, in that case, is the homeowner liable for the contractor’s injuries?
The answer to this question is that ‘It Depends ’! Who is liable for the contractor’s injuries depends on the in charge of the site when the work was going on, the insurance cover of the contractor, and many other things which shall be covered briefly in this blog.
Many homeowners do not realize that when they hire a contractor to repair or renovate their homes, they can be held responsible for all the injuries that happen on-site. It is a contractor’s responsibility to oversee the complete project and as a homeowner, it is their responsibility to warn the contractor of any dangers that might end up hurting anyone working at the site. If a contractor or a construction worker has been injured while working on a residential property without being aware of the potential dangers on the property, then, under the premises liability law a homeowner can be sued.
There are certain situations when the homeowners can be held responsible for all injuries caused to the contractor. These situations are:-
Homeowner’s Liability due to Premises Liability
In case of a minor or serious injury to the contractor, they may file a claim quoting premises liability on the part of the homeowner who did not warn about certain pre-existing dangers on the property which were the cause of the accident/injury.
The premises liability law establishes that every property owner has a duty of care towards individuals visiting their home for personal or business reasons. It is the homeowner’s job to ensure safe conditions on the property. In case there is a danger that the homeowner is aware of, they need to take proper safety measures for it.
Homeowner’s liability due to Exercised Control
Premises liability is a legal principle whereas exercising control can be open to any kind of interpretation. In case of an injury caused while working on a residential project, the contractor might file a claim against the homeowner arguing that the homeowner exercised control over the project. Exercising control may include oversight over the workers and also providing necessary instructions. Homeowners should refrain from offering any advice to the workers to avoid liability. It is best to let the contractor and workers do their job after you have discussed your requirements and pay rate with them.
Get Help from an Experienced Attorney
If you are a homeowner who has been sued by an injured contractor, you may want to know how you can get out of it. An experienced personal injury attorney can evaluate your case and provide remedies for it. Siler & Ingber team has been representing many homeowners who have been sued by their contractors. Contact Siler & Ingber today to get genuine legal advice from the best attorneys in town.