Can I be charge if an individual working on my property gets injured? 10 Answers as of March 27, 2014

I am having an individual, who was referred by a friend to come to my house to dig a trench and put in a French drain. If he gets injured while working on my property, such as back injury from digging or breaking an ankle from falling in the trench (less than 1 foot deep) can I be sued? He does this as a side job (looking for any work he can) and not as his career. I want to make sure I am safe if ever he injures himself from doing the work.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Make sure he is insured. Generally, if you don't help him work, or provide any tools, he is on his own.
Answer Applies to: Michigan
Replied: 3/27/2014
Durham Jones & Pinegar | Erven Nelson
He would need to prove that you were somehow negligent or careless in maintaining the property. Make sure that you have homeowners insurance to cover this kind of work.
Answer Applies to: Nevada
Replied: 3/12/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Anyone can sue anyone. If you have homeowner's insurance, I'll bet that it includes casual worker's comp coverage.
Answer Applies to: California
Replied: 3/11/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
As long as he is treated as an independent contractor and not as an employee, you should be ok.
Answer Applies to: Alabama
Replied: 3/11/2014
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
Anyone can sue anyone, but he cannot win unless you are actually negligent. If he falls from his oun negligence you are not responsible. If you have home owners insurance they will protect you from any claims.
Answer Applies to: Connecticut
Replied: 3/11/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See an attorney to assure he is working as a contractor, or purchase a worker's comp policy.
    Answer Applies to: Michigan
    Replied: 3/11/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Check to see if your homeowners policy carries a worker's compensation clause for casual employment.
    Answer Applies to: New York
    Replied: 3/11/2014
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    Typically liability is based on doing something wrong or negligent. So if you take no part in the work, the mere fact of an injury on your property, without your negligence contributing to same, will not give rise to liability. If you control the work, the methods and means, etc. you may be deemed a general contractor and could have liability, depending on the specific facts of any injury. Why don't you just make sure the fellow has medical or work comp insurance, ask to see proof of same, and then any claims would be insured. Also if you have homeowners insurance, you would more than likely be protected from personally having to pay any claims. Of course, you could always hire a licensed workman that has insurance vs. a side job guy if you are truly worried about this.
    Answer Applies to: Michigan
    Replied: 3/11/2014
    Law Offices of John W. Merting, P.A.
    Law Offices of John W. Merting, P.A. | John W. Merting
    You should have or get homeowners insurance if you own the house or renters insurance if you are renting the house.
    Answer Applies to: Florida
    Replied: 3/11/2014
    Bretz & Young
    Bretz & Young | Matthew L. Bretz
    You can be held liable for an injury if you have done something negligent to cause the injury.
    Answer Applies to: Kansas
    Replied: 3/11/2014
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