In California, under the rule of premises liability, the owner of a property is responsible for maintaining their property in a condition that is reasonably safe and free from any dangerous condition to prevent posing an unreasonable risk of injury to guests or visitors. This responsibility applies to both businesses and private residences.
There are plenty of reasons for a property owner to call someone else to come to help them work on their premises. Maybe they need a plumber to come fix a leaky faucet. Perhaps they are finally going to get a deck installed in their backyard. Regardless of why a person needs somebody to come over to work on their property, it is important to know what could happen if someone gets hurt while working.
Will a property owner be held liable and have to pay compensation for a person’s injuries and other expenses? Does the worker have insurance that will cover their expenses? These are all questions that most people do not spend a lot of time thinking about because they usually have no need to. However, if you are thinking about having someone come to work on your property for any length of time, you should know what would happen if they got hurt. Read on to learn if you’re liable when someone gets hurt while working on your property, and if you have further questions, speak with an Irvine premises liability attorney.
Understanding Premises Liability
Premises liability is a legal concept that holds property owners responsible for ensuring the safety of their property and preventing injuries to visitors. As a property owner, it is essential to understand your obligations under premises liability law to avoid potential lawsuits and financial losses. Premises liability cases can arise from various situations, including slip and fall accidents, negligent security, and dog bites. By understanding the principles of premises liability, you can take proactive steps to prevent accidents and protect yourself from liability.
Duty of Care to Visitors
As a property owner, you owe a duty of care to visitors on your property. This duty of care requires you to take reasonable steps to ensure the safety of your visitors and prevent injuries. The extent of your duty of care depends on the type of visitor, including invitees, licensees, and trespassers. Invitees, such as customers or social guests, are owed the highest duty of care, while trespassers are owed the lowest. By understanding your duty of care to visitors, you can take steps to prevent accidents and protect yourself from liability.
If the Homeowner Does Not Exercise Control Over a Project Working on Your Property
In general, we will find that homeowners hire general contractors when they need a project done on their houses, such as repairs or renovation. After reviewing plans and negotiating prices, homeowners typically get out of the way and let the contractor handle the rest. The homeowner can generally assume that the contractor will complete the work properly, or they will be able to sue for damages under contract law.
However, in these situations, the homeowner is required to provide a reasonably safe environment for the workers. If there are any hazards in the home or on the property, the homeowner is responsible for warning the workers of anything that could cause them harm.
For example, if a homeowner hires contractors to put in a new floor, but an old running ceiling collapses and causes injuries to the workers, the injured parties may be able to file a lawsuit against the homeowner. However, if the contractors were there to fix the rotting ceiling and they knew about the dangers and then sustained an injury, it is unlikely that the injured party will be able to file a lawsuit against the homeowner. In that case, the injured employees would likely be able to secure compensation through a workers’ comp claim. In such cases, it is crucial to verify whether the contractors have workers’ compensation insurance to cover any potential injuries.
If the Homeowner Exercises Control Over a Project
There are some situations where a homeowner might choose to closely monitor projects going on in their home, even if they do not have any construction experience. Even though this close monitoring of the situation may make sense to the homeowner, this could be a problem from a legal perspective. If a homeowner exercises any control over day-to-day operations of the work going on in their home, they significantly open themselves up to liability if an injury occurs to a worker.
When a homeowner issues instructions to those working on their home, they are, in essence, exercising control over the situation and assuming responsibility for the workers. Any injury in this scenario could end up falling back on the homeowner. In these scenarios, consulting with liability lawyers can help homeowners understand their legal obligations and protect themselves from potential lawsuits.
Homeowner’s Insurance Policy and Homeowners Insurance
In most situations, a homeowners insurance policy will kick in to cover expenses in these situations. This liability insurance can help cover medical expenses and other costs arising due to the incident. Anytime an injury occurs on a person’s property, their homeowner’s insurance liability coverage will likely cover the injury expenses and other costs arising due to the incident.
Preventing Accidents on Your Property
Preventing accidents on your property is crucial to avoiding premises liability cases. As a property owner, you can take several steps to prevent accidents, including:
- Conducting regular inspections of your property to identify potential hazards
- Repairing or removing hazardous conditions
- Providing warning signs or notices of potential hazards
- Ensuring adequate lighting and security measures
- Implementing safety protocols and procedures
By taking proactive steps to prevent accidents, you can reduce the risk of injuries and protect yourself from liability.
What to Do If Someone Gets Hurt on Your Property
If someone gets hurt on your property, it is essential to take immediate action to ensure their safety and protect yourself from liability. Here are some steps you can take:
- Provide medical attention and assistance to the injured person
- Document the incident, including taking photos and witness statements
- Notify your insurance company and report the incident
- Cooperate with any investigations or lawsuits that may arise
- Consult with a personal injury lawyer to understand your rights and options
By taking prompt action, you can minimize the risk of liability and protect yourself from financial losses.
Legal Options for Injured Visitors
If you are an injured visitor, you may have legal options available to you. You may be able to file a premises liability claim against the property owner to recover damages for your injuries. A premises liability claim can provide compensation for medical expenses, lost wages, pain and suffering, and other related costs. You may also be able to file a personal injury lawsuit against the property owner to seek additional damages. It is essential to consult with a personal injury lawyer to understand your rights and options and to determine the best course of action for your specific situation.
Callahan & Blaine: Your Go-To Firm for Premises Liability Cases
Premises liability can be a complex area of law, especially when injuries occur during work projects on a property. At Callahan & Blaine, we have decades of experience handling challenging premises liability claims and understand what it takes to protect property owners and hold responsible parties accountable. Our firm’s history of successful cases in California, including high-value settlements, demonstrates our commitment to achieving favorable outcomes for our clients.
If you have questions about liability related to injuries on your property or need legal representation for a premises liability case, we are here to help. Don’t navigate these legal complexities alone—call us at (714) 241-4444 or contact us through our form to learn more about your options.
