0
Is the contractor or the property owner the liable party for a contractor employee injury on a work site in the state of New York USA?
Wiki User
∙ 13y ago
In New York as elsewhere, liability would rest with the party, contractor or property owner, found to be negligent and/or culpable in the injury. For this reason both property owner and contractor will typically each carry insurance or insure themselves against injury claims by on private property. Additionally, it is a standard and wise practice during the bid and contracting process for the purchasing property owner to ascertain and require the following:
- Contractor's state contractor license - because claims against contractors will vary as between licensed and unlicensed contractors in most states.
- Currency and sufficiency of property owner's own liability insurance coverage.
- A "waiver of liability" agreement (form) provided and agreed to by contractor, prior to start of work, by which contractor agrees to assume liability for any claim by his employees or those of subcontractors on the work site; said form called by various names . . . to be found by contacting cognizant state office/bureau.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
Is the homeowner liable for an independent contractor's injury if the accident was the sole fault of the contractor?
No. In an injury case, the plaintiff must show how the defendant was responsible for the injuries. Since, in this case, you say the injury was the contractor's fault, you would have no liability.
Are personal injury and property covered under liability?
If the injury and property damage is to that of another for which you are at fault "Legally Liable" then yes. If the injury is to the insured(s) yourself or your own property then no. it is not possible to be liable to ones own self.
Is the homeowner liable for an injury to a guest if the guest is injured on the homeowners property but by an object that is not the homeowner's?
No, You are not automatically liable for an injury that occurs on your property simply because you own the property. It does not matter if you owned an object or not on which they person was injured. In order to be held liable you would have to have caused the injury either through direct action or in-action that led to the injury.
Why is it important to make a distinction between an employee and an independent contractor?
An employer can be vicariously liable for the torts committed by an employee while they are in the scope of their employment in certain situations. An employer will not normally be held vicariously liable for the torts of an independent contractor because of a lack of supervisory control.
Who is liable for contractor's damage to neighbor's property?
Typically, the contractor would be liable for damages caused to the neighbor's property. The contractor is responsible for ensuring that the work is done correctly and without causing harm to others' property. However, in some cases, the homeowner who hired the contractor may also share liability depending on the specific circumstances and agreements in place. It is important to review the contract and consult with legal experts if necessary.
Is a homeowner liable for a contractor's injury if he was hurt during the course of his work?
No, not unless the HO was negligable. The contractor should have insurance for his ow protection. But then again, we are a sue happy liberal society
If a contractor dies while working on your basement, are you liable?
If a contractor dies while working in your basement you will not be liable. He is working under his will trying to fix something and they usually let you know via word of mouth or contractual agreement that any injury including death on the job will not be your liability.
If someones child gets hurt on someone elses property who has to pay the charges?
Medical insurance covers accidental injury. It does not matter where your child gets hurt. Simply being the owner of a property does not automatically make one liable for everything that occurs on the property. If you feel the property owner was the cause or somehow responsible or otherwise liable for your child's injury you could file a suit against the property owner.
Is a rental property owner liable if the home was vacant and being repaired by a contractor and all the workers tools were stolen?
The rental property owner is not typically liable for stolen tools belonging to a contractor. The contractor is responsible for securing their tools and may have insurance to cover such losses. However, it's important to review the terms of the contract between the property owner and the contractor to determine the specific responsibilities and liabilities in this situation.
Does a personal guarantee on a commercial loan appear on a credit report and are they liable for personal injury on the property being purchased?
That's two separate issues - credit reporting on a loan, depends on the financial institution - if they report it. Personal injury on a property would be on property insurance, which you have to obtain in order to purchase property.
Can an employee of a subcontractor be liable for damages?
Well i dont know if you are legally, but i busted a hole in the wall, well working as a hire for a sub contractor, and if the customer complained, then i was fully responsible for the repair bill.
Hi;I have a 5plex under major renovation .Am I liable for the contractors employees in part or at all ?
You are liable for contractors employers since you are hiring them. However if you have a good contractor that have their own people then you should mentioned in contract that the contractor is liable for their own people.
