what happens if a handyman gets hurt on your property

Natashya

3 min read

·

27-12-2024

1

0

Share

A handyman's injury on your property can lead to unexpected legal and financial consequences. Understanding your responsibilities as a homeowner is crucial to avoid potential liabilities. This article explores the legal ramifications and practical steps to take if a handyman is injured while working on your property.

Legal Liability for Handyman Injuries

As a homeowner, you have a duty of care to ensure the safety of individuals on your property. This duty extends to independent contractors, including handymen. If a handyman suffers an injury due to a hazardous condition on your property that you knew or should have known about, you could be held liable.

Determining Liability

Several factors influence liability determination:

• Nature of the hazard: Was the hazard obvious or hidden? A loose floorboard is different from a hidden electrical fault.
• Your knowledge of the hazard: Did you know about the hazard and fail to warn the handyman?
• Handyman's negligence: Did the handyman contribute to the accident through their own negligence? Were they following safety procedures?
• State laws: Laws governing premises liability vary by state.

Example: If a handyman trips over a concealed crack in your walkway, and you were unaware of the crack, you might not be held liable. However, if the crack was visible and you failed to warn the handyman, you could be held responsible.

Types of Claims

Injured handymen may file various claims against you, including:

• Negligence: Failure to exercise reasonable care to prevent harm.
• Breach of contract: If the injury occurred due to a breach of the contract you had with the handyman.
• Strict liability: In some cases, you might be held liable regardless of negligence, such as if you kept a dangerous animal that injured the handyman.

What to Do if a Handyman is Injured

If a handyman gets hurt on your property, follow these steps immediately:

1. Ensure immediate medical attention: Call emergency services (911) if necessary. Even minor injuries should be checked by a medical professional. Document the incident thoroughly. Include the time, date, location, and description of the injury.

2. Document the accident scene: Take photos and videos of the accident location, including the hazard that caused the injury. This evidence will be crucial if a claim arises.

3. Get the handyman's information: Gather their name, contact information, and insurance details. Obtain witness statements if any witnesses are present.

4. Contact your homeowner's insurance company: Report the incident to your insurer promptly. They will guide you through the claims process and provide legal representation if necessary. Don't admit fault or discuss the incident extensively with the handyman or their representatives without your insurer's input.

5. Avoid admitting fault: Refrain from admitting responsibility for the accident. Let your insurance company handle the communication and negotiation.

Preventing Handyman Injuries

Proactive measures can minimize the risk of accidents:

• Thorough property inspection: Regularly inspect your property for potential hazards. Repair or address any unsafe conditions promptly.
• Clear communication: Clearly communicate potential hazards to the handyman before they begin work.
• Provide appropriate safety equipment: Provide necessary safety equipment like gloves, eye protection, and proper tools.
• Verify handyman's insurance: Ensure the handyman has adequate liability insurance. This coverage protects you from potential financial losses.

The Role of Insurance

Homeowner's insurance typically covers liability claims arising from accidents on your property. However, the coverage details vary by policy. Review your policy carefully to understand your coverage limits and exclusions. Your insurer might also investigate the accident to determine liability and coverage.

Conclusion

While employing a handyman offers convenience, it's crucial to understand the potential liability associated with their injury on your property. By taking proactive measures, documenting incidents properly, and working with your insurance company, you can navigate these situations effectively and minimize potential financial and legal repercussions. Remember, preventing accidents is always the best approach. This involves open communication, careful property maintenance, and ensuring your handyman possesses appropriate safety training and insurance.