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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I hired a guy to paint the inside of my home. He fell off ...

Customer Question

I hired a guy to paint the inside of my home. He fell off the ladder and has broken his wrist and pelvic. He has no insurance. I did not know that he was on the ladder, I was outside with my grand kids when I heard the fall. I have contacted my homeowners Insurance company to inform them of the accident. Can he sue me if the insurance company does not pay for his medical?
Submitted: 9 years ago.
Category: Legal
Expert:  Dave Kennett replied 9 years ago.

DearCustomer- Assuming this person was not your employee and was hired as an independent contractor then I can't see that there is any negligence on your part and you would not be responsible to have workers comp insurance. Based on the facts he was simply performing his usual work as a painter and had an accident.

Your homeowner insurance may pick up the tab depending on its terms of coverage. If he would sue you your homeowners insurance would certainly provide a legal defense pursuant to the liability coverage. Based on what you have said I really don't think you will have to be personally liable in this.

David Kennett - JD - Attorney at Law