Liability issues #2 questions

This one does not involve me. Here is what went down an old man hired a couple of young fellows to do some stuff at his house as he could not, due to physical issues. These fellows do odd jobs and so on but are not a company or business MEANING NO INSURANCE. Well one of them fell off the roof or ladder etc. Hospital and doctors required. Some are wondering about the out come lawsuit, homeowners insurance. and so on. The old man never gave it a thought but did get concerned later and his son (who lives away) is coming to help deal with it. This has also stirred up quite a stink locally as many people are asking the lawnmower, carpenter if they have insurance. It has also made a dent in hiring the local teenager to put in wood shovel snow etc. SO I WOULD LIKE YOUR THOUGHTS ON THIS AND WHAT YOU HAVE SEEN.

not sure about other states, but here in illinois if i as a business hire a contractor to do work, he has to have proof of work comp insurance for his employees. if he does not, i have to supply him with work comp insurance. i always get a copy of liability insurance and work comp from any contractor.

I would think it was his own fault for falling off the roof unless something like a home owners broken ladder caused the fall.

dad has tape and hose clamps holding his ladder together. I kept telling him it's time for a new one.

Glen problem is this is a home owner and these guys are odd jobbers in lack of better terms. Kind of like having your buddy come over to help you change engine and he gets hurt!!!

i kinda think the homeowner may be on the hook. if John T is around, he may chime in with a legal beagle opinion.

The home owner HIRED work done. You need to make sure the person you hire is covered under an insurance policy. When I hire work done I make the person give me a copy of their workman com. policy. If they do not have it then you need to have a worker com policy. Your general homeowners insurance would not provide much if any coverage.

I was an electrical contractor for more than 30 years. I always had workman's comp and liability and carried copies of my proof of insurance with me at all times. I was amazed that in all that time probably less than a dozen customers, including business customers, ever asked for it. Now that I'm retired and have to hire some things done I always ask for their insurance form before they set foot on my place.

They do odd jobs but they are not in business. So they probably don't pay taxes ? Lawsuit to follow injuries. Unless the son is coming to kill them. Short of that there will be a suit.

This issue is not anything new. Depending on the state, unlicensed contractors are often considered employees. The home owner becomes responsible for directing the work and maintaining safe conditions.

dad has tape and hose clamps holding his ladder together. I kept telling him it's time for a new one.

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I bought my Mom a new ladder for Christmas last year (what do you buy a 75 year-old lady?), with the agreement she let me get rid of the one that came with their first house (1962). She kept it for sentimental reasons and to use in the garden as yard art. Then I caught her on it this Fall, cleaning the gutters. Kinda fun chewing your Mom out and having a leg to stand on for once!

in general the homeowners insurance will cover lawsuits brought upon the home owner---my policy even has a coverage for medical claims if a worker gets hurt

Most Homeowners insurance has a 'Medical" provision that will pay up to (mine is $5000) some $ amount if someone gets hurt on your property even if it is the other person's fault.

Many years back, at my place of work we had 6 and 8 foot wooden ladders we used in the shop for various jobs (changing light bulbs etc.) Every once in a while someone from another facility where I work would "replace" our new one with an older one that was beat up or had a cracked leg. (This was before strict OSHA laws were put in place.) Finally we got smart and taped up one leg with duct tape several times down the leg making it look like it was broke too, but still using it. Never had a problem with our ladders being "walked off" again!

The mans insurance will probably end up paying out, I think people hired like that are treated a lot like employees by the legal system when they get hurt.

John T is in Florida eating ribs!!!!!!!!!!!!!!!!!

Hopefully he has homeowner's insurance. If he's uninsured, I guess he can move in with his son after he loses his house.

Now it's entirely possible the injured worker won't sue and will just stiff the hospital. Meaning everybody gets to pick up the tab.

Jocco, this is far different then yesterdays question. If the homeowner directed the carpenter as to what to do and the homeowner has dominion and control over the tools and ladder and premises AND IF HE EXPOSED THE CARPENTER TO A REASONABLY FORSSEEABLE RISK OF INJURY (that's a fact question for judge or jury) and such was the proximate cause of injury subject to law and fact YES HE COULD POSSIBLE BE FOUND LIABLE. Especially if the roof or ladder had some sort of a default the homeowner concealed!!!!!!!!!!!!! If you have dominion and control over the premises and tools and equipment and any are defective you best fix them and warn the carpenter!!!! Then if he uses them anyway he has assumed the risk and may be found guilty of contributory negligence!!!!

Defenses however may be contributory negligence or comparative fault or assumption of the risk, SO UNTIL THE TRIER OF FACT HAS DETERMINED THE FACTS AND THEN THE JUDGE APPLES LOCAL LAW TO THE FACTS, NO ONE HERE (lay or even professional) CAN SAY OR JUDGE THE ANSWER.........

The homeowner may or may not have some sort of blanket liability coverage that pays if the homeowner is sued for injuries on his property. Again its what the policy says that matters NOT WHAT ANYONE HERE THINKS OR WHAT THEIR OWN POLICY SAYS

Don't forger the basis of Torts and injury liability is based on the legal notion DEFENDANT HAS A DUTY TO NOT EXPOSE THE PLAINTIFF TO A REASONABLY FORSEEABLE RISK OF INJURY. If he does and such was the proximate cause of injury (both fact questions) he may be liable.

Nuff said, no way to describe what takes law libraries an entire floor to hold can be explained here so this is NOT in any way full or accurate or complete SO DONT ANYONE HAVE A CALF

CONSULT LOCAL TRAINED PROFESSIONALS this cant be answered here by lay or professionals

John T Attorney at Law

What the law says is all good and fine, until you go to trial.

I've dealt with enough judges in Kansas and Oklahoma and evidence and legal niceities are set aside in work comp cases. We have video of workers roofing houses and dancing on stage in bar that claim to be to injured to set foot on a job site. But the judges will still award them 5% total partial disability just because they went through the process. I guess the judges figure the injured party's attorney deserves his payday too. I have never had a work comp case go to trial that we didn't pay the claimed "injured party" something - no matter how absurd the claim and no matter how many court appointed IME are done that say the claimant has no injury.

I agree, Indiana for example is very strong in favor of Judges. Also there are things such as "jury nullification" and "jury sympathy" especially for workers and children etc versus big corporations REGARDLESS OF THE LAW AND/OR JURY INSTRUCTIONS....

John T Country Lawyer