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P. Simmons
P. Simmons, Attorney
Category: Personal Injury Law
Satisfied Customers: 34060
Experience:  16 yrs. of legal experience.
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I am a homeowner in Florida and would like a to have a

Customer Question

i am a homeowner in Florida and would like a to have a playhouse built and other minor household repairs done. The handyman is not licensed or insured can i have handyman sign release of liability or wavier and would it be legal
JA: Has anything been filed? If so, what?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 8 months ago.
Category: Personal Injury Law
Expert:  P. Simmons replied 8 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 8 months ago.

Sorry...release of liability for what exactly?

Expert:  P. Simmons replied 8 months ago.

Are you talking about if they are injured while working?

Customer: replied 8 months ago.
injured while working
Customer: replied 8 months ago.
injured while working or on premises
Expert:  P. Simmons replied 8 months ago.

Thanks
I have some thoughts and will type them up...a few mins please...

Expert:  P. Simmons replied 8 months ago.

Thank you for your patience.

You could do this...you could require that the contractor (handyman) sign a "waiver". But, frankly speaking, it is likely a waste of time.

Little known fact they teach in law school...waivers are, generally, worthless.

Not always...but generally speaking, you can not force someone to waive away their right to sue for your negligence. And that is what you would be attempting to do with a waiver for your handyman. If they are injured while performing the work, the issue would be WHY...what caused the injury.

If it was a mistake on their part? Not your problem. But if it was negligence on your part? You would be liable to cover the cost of their injuries...and a waiver is not going to erase that liability.

A waiver can be helpful in circumstance where a consumer engages in an inherently dangerous activity (for example, bungie jumping) to protect the provider of the activity. It will not apply in the circumstances you are describing

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 8 months ago.
is there any law form in place for Florida homeowners on being sued for independent negligence
Expert:  P. Simmons replied 8 months ago.

No...no, there is no such law. You have a duty of care to others, as a homeowner...there is no law that would remove that duty.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 8 months ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil