What is my liability in the event of someone working on my property with no insurance and they get injured?

UPDATED: Jan 24, 2012

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What is my liability in the event of someone working on my property with no insurance and they get injured?

What do I do to protect myself?

Asked on January 24, 2012 under Personal Injury, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A property owner is not responsible for injuries on his/her property simply because they occur there; instead, there must be some fault as well, which typically means some dangerous condition the property owner did not remediate (loose railing; broken steps; exposed electric wiring, etc.).

If at all possible, do NOT hire a worker who cannot provide proof of adequate insurance--you want to make sure that not only does he have coverage for his own injuries, but that if he somehow injures you or damages your property, that you have recourse.

Also, have him or sign a document waiving any claims against you for injury, property damage, etc. arising out of the work he or she is doing for you. You cannot have him or her waive the right to sue you for dangerous conditions you create unrelated to the work, but at least you can make it clear at the outset that you are not liable for the normal hazards of the work.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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