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When a Homeowner Might Be Responsible For Your Injuries as a Contractor

Law Blog

If you are performing renovations on someone else's home, you might suddenly find yourself injured. An injury can have a major impact on your ability to earn a living, and you may not be injured or may not feel that your insurance is enough. However, if you are on someone else's property, you may be able to hold them liable for your injuries.

The Home Must Be Reasonably Safe

A property owner is responsible for providing a reasonably safe location to work. Even if you have taken full control of the project, you are not responsible if you are injured on the property due to structural issues with the home or some other hazardous defect. For this reason, it's important to find out exactly how you became injured.

You Don't Have Workers' Compensation

By performing work as an independent contractor, you will not be entitled to workers' compensation. Instead, you will need to sue the homeowner directly. You may be able to receive compensation through the homeowner's insurance. However, you should consult with a personal injury lawyer on how to proceed.

How to Hold the Homeowner Liable

You must first prove that you are injured. Therefore, you will want to seek medical attention as soon as you discover you are injured. Then, you will be able to argue that you suffered injuries stemming from the work you performed and you will be able to calculate the exact damages you have suffered.

Next, you must prove that the homeowner was negligent. You will need to gather evidence to prove that an accident occurred by taking photographs or recording the scene. Some homeowners might act to destroy evidence so you will want to do this quickly.

Common Defenses Made By Homeowners

The homeowner might argue that the work you were performing is inherently dangerous and that you should assume the risk. Certain jobs are dangerous regardless of precautions made by the homeowner such as if you are responsible for correcting a dangerous condition such as an unstable home structure.

Also, your injuries might be the result of the equipment you brought to the worksite that was defective. If this is the case, your injuries may be the result of the negligence of the equipment manufacturer and you may need to file a claim against them instead. If you are not sure which party is liable for your injuries, consult with a personal injury lawyer.

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11 May 2021