Can I Be Held Liable if a Contractor is Injured at My House?
Dec 01, 2015 by Adler Markoff & Associates
The answer is yes, but it’s a little more complicated than that. As a homeowner, chances are you will have some type of work done to your home at one point or another. When you bring an outside party in to complete a project of any size, you may be concerned not just about the quality of work that is being completed, but also the potential legal liability for any injuries that are sustained during the project. Because homeowners can be held liable for injuries that happen on the job, it is imperative that homeowners are aware of the risk of potential lawsuits when renovating a home or bringing in a contractor for a smaller project. Thankfully, there are a handful of ways that homeowners can reduce the risk of liability for contractor injuries. However, in order to do so, the homeowner must understand the legal jargon and landscape when it comes to contractor injuries.
Below you will find information on the different types of injury liability scenarios and when a homeowner may be held liable for an injury sustained by an outside contractor at their home. If you have any questions regarding premises liability or about any of the information below, please do not hesitate to contact AMA Law.
Duty of Care and Contractors
First and foremost, it is important to keep in mind that even though contractors and construction workers are asked to be on a person’s property for professional reasons, the homeowner still has a legal obligation to maintain the property and make sure it is safe. When it comes to homeowner liability, injured parties are placed in one of the following three categories:
Invitees
Licensees
Trespassers
In most cases, contractors are considered to be invitees. As stated by law, homeowners owe the highest degree of care and responsibility to any person or persons visiting their property, which includes friends and family, repairmen, and contractors. In the event a homeowner fails to live up to this duty and someone is injured, he or she may be held liable for negligence.
Does Insurance Cover Me?
In some instances, homeowner’s insurance may offer a safety net against personal injury cases, specifically those involving premises liability. Furthermore, some contractor injuries are also covered by the contractor’s own personal insurance, or even through worker’s compensation, if the individual is working for a larger company or corporation. However, it is important to not rely on these forms of insurance as a way to protect you against a personal injury case.
To learn more about these types of cases and what your legal right may be, should a contractor sustain an injury while working on your home, please contact AMA Law today. Our Oklahoma premises liability lawyers will go over your case with you and help you better understand your rights.