Liability if someone gets injured renovating my house

[Billy2013]

What is the name of your state (only U.S. law)? Massachusetts

Hi everyone
I have a carpenter renovating the side of my house and I'm concerned because he seems to have no regard for his safety. He is 25-30ft at the top of an unsecured ladder with both hands occupied with tools yanking wood off the side of my house. His stability at the top of the ladder is minimal. He doesn't wear safety gear like gloves, hemet, glasses and I'm concerned that if he gets injured that I will be liable. He already broke his hips in a fall a few years back! He also has 3 unsecured ladders extending 30ft in the air at the back of my house with a single wet slippy bouncy plank suspended at a height of 12ft between them to allow him to walk between ladders. It's a circus act! He tells me he's observing the Ma residential building code? Am I liable if he gets hurt?
Also if friends of mine help out and are less than safe, am I liable for them too e.g fall off ladder or step on a nail?
Please advise.
Thanks
Also if you would have a link to residential building safety regulations in Ma it would be great.

 

[Blutodidit]

What is the name of your state (only U.S. law)? Massachusetts

Hi everyone
I have a carpenter renovating the side of my house and I'm concerned because he seems to have no regard for his safety. He is 25-30ft at the top of an unsecured ladder with both hands occupied with tools yanking wood off the side of my house. His stability at the top of the ladder is minimal. He doesn't wear safety gear like gloves, hemet, glasses and I'm concerned that if he gets injured that I will be liable. He already broke his hips in a fall a few years back! He also has 3 unsecured ladders extending 30ft in the air at the back of my house with a single wet slippy bouncy plank suspended at a height of 12ft between them to allow him to walk between ladders. It's a circus act! He tells me he's observing the Ma residential building code? Am I liable if he gets hurt?
Also if friends of mine help out and are less than safe, am I liable for them too e.g fall off ladder or step on a nail?
Please advise.
Thanks
Also if you would have a link to residential building safety regulations in Ma it would be great.

If you secured a Carpenter to work on your house, it is pretty likely he has his own business that provides such services. Therefore, he should have his own insurance that would cover an accident. This would free you from liability. If he is just someone you hired off the street to work for you, then you could be liable for any injuries sustained as a result of the Carpenter's work.

 

[latigo]

If you secured a Carpenter to work on your house, it is pretty likely he has his own business that provides such services. Therefore, he should have his own insurance that would cover an accident. This would free you from liability. If he is just someone you hired off the street to work for you, then you could be liable for any injuries sustained as a result of the Carpenter's work.

Mmmm?

Well then, what if the "someone hired off of the street" had "his own insurance"?

And by some strange coincidence the same "someone hired off of the street" just happened to have "his own carpentry business".

Or the OP hired a carpenter having his "own business", but didn't "have his own insurance'?

What you are representing here, consciously or otherwise, is that it is only people who are not insured that the law allows access to the courts in seeking compensating damages from persons who may be legally responsible. And that people who do have insurance are barred from the civil courts.

Which, pardon the expression, is ridiculously absurd!

 

[Blutodidit]

Mmmm?

Well then, what if the "someone hired off of the street" had "his own insurance"?

And by some strange coincidence the same "someone hired off of the street" just happened to have "his own carpentry business".

Or the OP hired a carpenter having his "own business", but didn't "have his own insurance'?

What you are representing here, consciously or otherwise, is that it is only people who are not insured that the law allows access to the courts in seeking compensating damages from persons who may be legally responsible. And that people who do have insurance are barred from the civil courts.

Which, pardon the expression, is ridiculously absurd!

I believe Billy2013 knows exactly what I mean here. I know a few people that do odd jobs, which includes minor renovation of property. These people don't have a business, so it is pretty sure they don't have insurance that would cover them if hurt on someone's property. The people who DO have a business, are required to have adequate insurance as part of the licensing procedures in order to run such business. If I were Billy2013, I'd check his Carpenter out to see that he is properly insured in case the Carpenter gets injured on his property, doing his work.

What I'm consciously representing here is that a business with workers who do Carpenter work on someone's property, with adequate insurance, will greatly lessen possible liability of the owner of the property, if the worker should get injured while doing the Carpenter work. Does proper insurance make the homeowner immune from litigation? NO, but the owner of a Carpenter Business would really be foolish NOT to have insurance that would cover him if injured on the job. AND...a homeowner would be just as foolish NOT to make sure the Carpenter had proper insurance that would free him from liability if the worker got injured on his property.

I don't understand what you want here, Mr. Latigo, unless you are trying to point out an exception.

 

[quincy]

What is the name of your state (only U.S. law)? Massachusetts

Hi everyone
I have a carpenter renovating the side of my house and I'm concerned because he seems to have no regard for his safety. He is 25-30ft at the top of an unsecured ladder with both hands occupied with tools yanking wood off the side of my house. His stability at the top of the ladder is minimal. He doesn't wear safety gear like gloves, hemet, glasses and I'm concerned that if he gets injured that I will be liable. He already broke his hips in a fall a few years back! He also has 3 unsecured ladders extending 30ft in the air at the back of my house with a single wet slippy bouncy plank suspended at a height of 12ft between them to allow him to walk between ladders. It's a circus act! He tells me he's observing the Ma residential building code? Am I liable if he gets hurt?
Also if friends of mine help out and are less than safe, am I liable for them too e.g fall off ladder or step on a nail?
Please advise.
Thanks
Also if you would have a link to residential building safety regulations in Ma it would be great.

You should check to see if your carpenter is licensed and insured. He should have documentation.

And you can check out the laws that regulate home contractors at www.mas.gov and, perhaps more specifically, at www.mas.gov/eopss/consumer-prot-and-bus-lic/license-type/csl/8th-edition-base-code.

It is smart to investigate carefully the qualifications of those you hire to work on your home prior to hiring them.

In the meantime, you should check your homeowner's insurance policy to see what sort of coverage you have for uninsured workers working on your home who are injured on the job. Yes, you can potentially be held liable for any injuries they suffer on your property.

 

[latigo]

I believe Billy2013 knows exactly what I mean here. I know a few people that do odd jobs, which includes minor renovation of property. These people don't have a business, so it is pretty sure they don't have insurance that would cover them if hurt on someone's property. The people who DO have a business, are required to have adequate insurance as part of the licensing procedures in order to run such business. If I were Billy2013, I'd check his Carpenter out to see that he is properly insured in case the Carpenter gets injured on his property, doing his work.

What I'm consciously representing here is that a business with workers who do Carpenter work on someone's property, with adequate insurance, will greatly lessen possible liability of the owner of the property, if the worker should get injured while doing the Carpenter work. Does proper insurance make the homeowner immune from litigation? NO, but the owner of a Carpenter Business would really be foolish NOT to have insurance that would cover him if injured on the job. AND...a homeowner would be just as foolish NOT to make sure the Carpenter had proper insurance that would free him from liability if the worker got injured on his property.

I don't understand what you want here, Mr. Latigo, unless you are trying to point out an exception.

Well try to understand this:

The presence or absence of insurance - with respect to the homeowner and/or the workman - would have no legal consequence whatsoever upon any surfacing issues regarding the homeowner's liability to the workman!

Which, plus the laws relating to the subject of SUBROGATION, I'm sure you also fail to comprehend.

____________________

People that wish to debate points of law, shouldn't attempt to do so when totally unarmed! But let's see if you have any silver bullets:
___________________

Hypothetical: Suppose, just suppose, that the workman does suffer physical injuries in the course of performing the assigned work. Also assume that the workman had adequate health and disability insurance.

Next the workman alleging that his injuries and loss of income were incurred as the proximate cause of the homeowner's negligence or willful conduct files a lawsuit against the homeowner.

Now my question to you is this:

Where in the course of the workman's lawsuit against the homeowner does the issue of insurance arise, either that carried by the workman or the homeowner? Specifically:

1) Would the homeowner be able to plead as a defense to the workman's claim that the same injuries for which he is been sued for are covered by and compensated by the workman's insurance? And thus, as you seem to believe would allow the homeowner to escape from the lawsuit?

2) Could the workman plead or introduce evidence of the fact that the damages he is claiming against the homeowner are covered by the homeowner's liability insurance?

And one more:

3) Could the injured workman sue the company that issued the homeowner's liability insurance policy? And if not, why not?

If you would care to speak to those question, please feel free to do so.

 

[FlyingRon]

Hire reputable subs. They will be happy to show you proof of insurance if they are reputable. I get it all the time.

 

[Blutodidit]

Well try to understand this:

The presence or absence of insurance - with respect to the homeowner and/or the workman - would have no legal consequence whatsoever upon any surfacing issues regarding the homeowner's liability to the workman!

Which, plus the laws relating to the subject of SUBROGATION, I'm sure you also fail to comprehend.

____________________

People that wish to debate points of law, shouldn't attempt to do so when totally unarmed! But let's see if you have any silver bullets:
___________________

Hypothetical: Suppose, just suppose, that the workman does suffer physical injuries in the course of performing the assigned work. Also assume that the workman had adequate health and disability insurance.

Next the workman alleging that his injuries and loss of income were incurred as the proximate cause of the homeowner's negligence or willful conduct files a lawsuit against the homeowner.

Now my question to you is this:

Where in the course of the workman's lawsuit against the homeowner does the issue of insurance arise, either that carried by the workman or the homeowner? Specifically:

1) Would the homeowner be able to plead as a defense to the workman's claim that the same injuries for which he is been sued for are covered by and compensated by the workman's insurance? And thus, as you seem to believe would allow the homeowner to escape from the lawsuit?

2) Could the workman plead or introduce evidence of the fact that the damages he is claiming against the homeowner are covered by the homeowner's liability insurance?

And one more:

3) Could the injured workman sue the company that issued the homeowner's liability insurance policy? And if not, why not?

If you would care to speak to those question, please feel free to do so.

Yes, Latigo, I totally understand. For instance, under your hypothetical, the injured 'workman', if injured due to the negligence or 'willfull (Mis)conduct' of the Homeowner (who has proper insurance that covers injured worker), would file his claim with the Homeowner's Insurance, who would be liable to pay such claims.

If the injured 'workman' was able to get his own insurance to pay any costs concerning his injury, then his own Insurance Company would be able to have reason to claim reimbursement of costs advanced (probably while workman was having his claim litigated).

As you know, many Homeowners with proper insurance, get such claims paid without the need for litigation, since negligence can be shown in such circumstances.

I believe that if a properly insured workman gets injured due to his own carelessness or willful misconduct, then his own insurance would end up paying costs.

Hopefully I explained my take on subrogation as well as answered your questions, Latigo.

 

[latigo]

Yes, Latigo, I totally understand. For instance, under your hypothetical, the injured 'workman', if injured due to the negligence or 'willfull [sic] (Mis)conduct' of the Homeowner (who has proper insurance that covers injured worker), would file his claim with the Homeowner's Insurance, who would be liable to pay such claims. (?)

If the injured 'workman' was able to get his own insurance to pay any costs concerning his injury, then his own Insurance Company would be able to have reason to claim reimbursement of costs advanced (probably while workman was having his claim litigated). (?)

As you know, many Homeowners with proper insurance, get such claims paid without the need for litigation, since negligence can be shown in such circumstances. (?)

I believe that if a properly insured workman gets injured due to his own carelessness or willful misconduct, then his own insurance would end up paying costs. (?)

Hopefully I [sic] explained my take on subrogation as well as answered your questions (?) . .

Well, I appreciate your replying. However, as I recall I was asking if you could come to this simple legal debate reasonably armed. Unfortunately nerf guns don't count in such a milieu.

And most respectfully, yes indeed. You have satisfactorily explained your want of knowledge of the theme of this web site. But yet unanswered is why you chose to represent to the confused OP homeowner that you possess it.

Have a nice day.

 

[Blutodidit]

Well, I appreciate your replying. However, as I recall I was asking if you could come to this simple legal debate reasonably armed. Unfortunately nerf guns don't count in such a milieu.

And most respectfully, yes indeed. You have satisfactorily explained your want of knowledge of the theme of this web site. But yet unanswered is why you chose to represent to the confused OP homeowner that you possess it.

Have a nice day.

?? I'm a bit puzzled by your post, latigo. I guess I wasn't clear about my take on subrogation. To be clear, subrogation does not play into the circumstances concerning the poster's issues. Other than that, I thought I was perfectly clear as to who is liable for the carpenter's injuries.