Liability insurance on landescape eastment

[Laiva]

My HOA has a landscape easement on my property. The landscape company makes maintains twice a month on this easement and it is hired by HOA. One of the workers from this landscape company was seriously injured at the time of the work and I realized that Landscape Company did not have workcomp insurance and liability. Whose liability insurance is responsible now for this incident- HOA? Can this guy sue my property? What I have to do and what I should require from association to protect my property from any sue liability for the future? ( Florida State)

 

[justalayman]

You and/or the HOA can be sued but depending on how and why he was hurt, he may not have a valid claim against either.

What I have to do and what I should require from association to protect my property from any sue liability for the future? ( Florida State)

I do not know how you would enforce it but you want the HOA to provide 3rd party beneficiary liability insurance. That is insurance that the HOA purchases but it covers your liabilities for issues deriving from the area in question.

 

[Blutodidit]

My HOA has a landscape easement on my property. The landscape company makes maintains twice a month on this easement and it is hired by HOA. One of the workers from this landscape company was seriously injured at the time of the work and I realized that Landscape Company did not have workcomp insurance and liability. Whose liability insurance is responsible now for this incident- HOA? Can this guy sue my property? What I have to do and what I should require from association to protect my property from any sue liability for the future? ( Florida State)

It seems that the Landscape Company would be liable for the worker's injuries if they did not provide insurance that would have covered the injured worker. If there was negligence that resulted in the worker's injury, then liability would probably fall on the HOA, if they own the landscape (which seems to be the case). I don't know how much of the property you own, but if you own your house or condo and the property it sits on is owned by the HOA, then you probably have homeowners insurance that would probably cover you if someone got hurt on your property (inside your home or working on your home).

Under the circumstances as related in your post, I don't believe you have any liability concerning the landscaper's accident.

 

[justalayman]

Bluto,
What if the op had an unsafe condition on his property and the landscaper was injured due to
That unsafe condition?

 

[Blutodidit]

Bluto,
What if the op had an unsafe condition on his property and the landscaper was injured due to
That unsafe condition?

Like I said earlier, if there is a landscape easement, chances are that the HOA own it. If that is the case, then the HOA is liable for injuries sustained on the easement. Apparently, the HOA owns it since they are in charge of upkeep concerning the easement. In many cases, the HOA owns the land that Condos and Homes sit on. I'm thinking in this case, the HOA owns the Landscape Easement, hence, my response.

If the landscaper was injured on the Poster's property, then of course, the Poster would be liable IF such injuries were due to the Poster's negligence. Pretty cut and dry--don't you think?

 

[quincy]

Like I said earlier, if there is a landscape easement, chances are that the HOA own it. If that is the case, then the HOA is liable for injuries sustained on the easement. Apparently, the HOA owns it since they are in charge of upkeep concerning the easement. In many cases, the HOA owns the land that Condos and Homes sit on. I'm thinking in this case, the HOA owns the Landscape Easement, hence, my response.

If the landscaper was injured on the Poster's property, then of course, the Poster would be liable IF such injuries were due to negligence. Pretty cut and dry--don't you think?

Guessing is not a real good idea on this forum, Blutodidit. It is advisable to work with only the facts as presented and not fill in the blanks with what you "think" might be the case. That tends not to benefit the posters who come here.

Thanks.

 

[Blutodidit]

Guessing is not a real good idea on this forum, Blutodidit. It is advisable to work with only the facts as presented and not fill in the blanks with what you "think" might be the case. That tends not to benefit the posters who come here.

Thanks.

Okay, lets look at the facts then. If the Poster owns the property the landscaper was injured on and the injury was the result of the Poster's negligence, he would be liable for the injury. Does he have insurance that would cover such liability? Don't know, but he is liable. If the Poster owns the property and the Landscaper gets injured due to his own negligence (or even no negligence at all), then he should be covered with insurance by the Landscaping company or the company is liable.

If the landscaper is injured due to negligence caused by the HOA, then the HOA should have adequate insurance to cover liability, or they are liable. The question is, who is liable? Only the poster knows at this point. Based on the 'FACTS' I presented, the Poster now knows who is liable, since he knows if he owns the property or not and he knows whether there was negligence involved or not, concerning the landscaper's injuries.

 

[quincy]

Okay, lets look at the facts then. If the Poster owns the property the landscaper was injured on and the injury was the result of the Poster's negligence, he would be liable for the injury. Does he have insurance that would cover such liability? Don't know, but he is liable. If the Poster owns the property and the Landscaper gets injured due to his own negligence (or even no negligence at all), then he should be covered with insurance by the Landscaping company or the company is liable.

If the landscaper is injured due to negligence caused by the HOA, then the HOA should have adequate insurance to cover liability, or they are liable. The question is, who is liable? Only the poster knows at this point. Based on the 'FACTS' I presented, the Poster now knows who is liable, since he knows if he owns the property or not and he knows whether there was negligence involved or not, concerning the landscaper's injuries.

Look at what I bolded. You are guessing. And your guesses are not accurate guesses even with your blank-filling.

Seriously, Bluto, you really need to know what you are talking about before posting. Read more. Learn more. Then your contributions will be more welcome.

Thanks.

 

[Blutodidit]

Bluto makes things up as he goes along.

Who is making things up, here? I'm just explaining to the Poster where liability may lie, depending on who owns the property the landscaper was injured on. As of yet, the Poster never gave us specifics on what happened that injured the landscaper, so we had to toss out scenarios which could make either the Poster, the Landscape Company or the HOA liable, depending on negligence or no negligence at all. Nobody is making things up and nobody is guessing.

 

[justalayman]

Bluto, the OP DOES own the property. The hoa owns an easement (rights only, no ownership the land itself) to come onto the op's property for landscaping purposes.

 

[quincy]

... If the Poster owns the property the landscaper was injured on and the injury was the result of the Poster's negligence, he would be liable for the injury.

Not necessarily. What caused the injury? Were there any other contributing factors?

If the Poster owns the property and the Landscaper gets injured due to his own negligence (or even no negligence at all), then he should be covered with insurance by the Landscaping company or the company is liable.

Not necessarily. What caused the injury? Were there any other contributing factors?

If the landscaper is injured due to negligence caused by the HOA, then the HOA should have adequate insurance to cover liability, or they are liable.

Not necessarily. What caused the injury? Were there any other contributing factors?

What needs to be considered is not only on whose property the injury occurred, but what sort of injury was suffered and what contributed to the injury, among other facts and factors. Whether someone has insurance or not plays no role at all in determining liability or whether an injury or the injured will be covered by insurance.

The only thing that can be said for sure from the facts provided is that the injured worker, who was "seriously injured at the time of work," can sue the poster, the landscape company, the HOA, any manufacturer of any equipment he might have been using at the time of his injury, and/or anyone else or any other entity he might want to include in a suit. Anyone can sue anyone else for any reason at all.

See Florida's statute on comparative negligence: http://www.flsenate.gov/Laws/Statutes/2012/768.81

Facts matter. There are not enough facts to provide any definitive answers to the questions posed by Laiva. Check out justalayman's first response to Laiva for a good answer based on what has been provided.