Am I Liable for Contractor Injuries on My Property?
- October 9, 2024
- Categories: Personal Injury
In several circumstances, you can be held liable for contractor injuries on your property under the legal theory of premises liability. To some extent, the existence of your liability could hinge on whether you did or did not exercise control over their work. If you had direct control over the contractor’s coming and going, their plan for daily work, the tools and equipment they used, and the order in which they carried out their duties, then you are likely liable for injuries they suffered while on your property. If you exercised no control over the manner and completion of their work, but you simply signed a contract and assumed that the work would get done, then it’s possible you wouldn’t be held liable for their injuries under the law. Closely monitoring the contractor’s work increases your liability, rather than potentially reducing it.
Another deciding factor could be whether you maintain a safe and efficient work environment on your property, free of safety hazards and dangerous conditions. The likelihood of your liability increases if there are hazards you know about in your house, yard, or garage, but you fail to warn the contractor of the existence of these dangers, nor do you post appropriate warning signage or barriers. As a homeowner, you have a duty of care for those who enter your property, which means you must avoid clutter, haphazardly discarded sharp objects, dangerous chemicals, debris, and other obstacles that contractors could trip over, fall into, get burned by, or suffer other injuries.
There is something called “the Privette doctrine” in California, a somewhat obscure legal exception to liability arising from a 1993 California Supreme Court ruling in Privette v. Superior Court (1993) 5 Cal. 4th 689. State courts have expanded the scope of this doctrine to property owners in recent decades. The doctrine seeks to shield homeowners and general contractors from liability for an independent sub-contractor who is injured on the job, but application of this doctrine is complicated at best. Your attorney can analyze whether it applies in your case.
Property Owner Obligations with Contractors
There are various types of contractors that could enter your property and do work for you. Some of these include:
- Roofers
- Plumbers
- Landscapers
- Remodelers
- Electricians
- Painters
- Handymen
- Gardeners
- Home Inspectors
- Babysitters
- Housecleaners
- Hairdressers
- Interior Decorators
- Other Home Service Providers.
Some of these contractors could work for companies and agencies, while others could be self-employed. Your duty of care on your property extends also to guests, family, neighbors, and other people invited directly or implicitly to your home. In some cases (though not all), even trespassers can sue you for liability if they are hurt on your property.
There are some key elements in a premises liability claim that might offer you some protection, though it’s not guaranteed. For example, to sue you for damages, a contractor is required to show that …
- You knew or should have known about the danger,
- The danger/hazard caused the contractor’s injury,
- You failed in your duty to take reasonable action to eliminate the danger you knew about.
If a contractor shows up to your property drunk, stumbles over his own feet, falls, and injures his shoulder, then you would have a strong argument that it wasn’t a danger on your property – but the contractor’s drunkenness – that led to the injury. In that case, you would likely not be held liable for damages.
A Contractor Could be Considered a Direct Employee of the Property Owner
Whether or not a contractor could be considered a direct employee of the property owner is governed by rules established by the U.S. Department of Labor through the Fair Labor Standards Act (FLSA). Generally, workers of various types are considered either direct employees or independent contractors, and which category they fall into depends on the terms of their employment, the amount and way they are paid, the hours they work, how they are supervised, and various other factors. This can be very complicated, and the best way to determine what category a worker on your property falls into is to consult with a knowledgeable attorney. Another deciding factor will be if the contractor weas insured, bonded, and license – hiring uninsured laborer to perform work that a contractor would normally perform may exposure the homeowner to liability.
The Homeowners Insurance Policy
For the most part, your homeowners Insurance policy should cover some or most of the damages suffered by a contractor injured on your property. While each policy is different, the purpose of homeowners insurance, among other things, is to protect you from lawsuits arising from accidents or mishaps on your property. The exception to this coverage would be if there’s clear evidence that your property is unsafe and you are careless and negligent in its upkeep, allowing your home and yard to become hazardous to others.
Why Choose Neale & Fhima to Represent You
If you’re a property owner being sued by a contractor who was injured on your premises – or if you’re a contractor who’s been injured while doing work at someone’s home – you need a skilled attorney to represent you. The personal injury attorneys at Neale & Fhima have decades of experience and a winning track record. We are highly knowledgeable about various aspects of California laws, and we would be happy to answer your questions, explain how personal injury law works, and describe your legal options, which depend on the facts in your case.
The personal injury lawyers at Neale & Fhima will fight aggressively for the compensation you deserve. Attorney Aaron Fhima is among the best and the brightest, and he is joined by an outstanding legal team. Our clients are more than a number on a case file — they are like family. We care about their concerns, questions, and their future. At Neale & Fhima, we have an impressive record of recovering more than $50 million in rightful compensation for victims throughout Southern California. Call us for a free consultation about your case at 888-407-2955.