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If I hire a day laborer to do some landscaping and he

Customer Question
If I hire a...

If I hire a day laborer to do some landscaping and he injures himself, what is my liability?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas

Lawyer's Assistant: Has anything been filed or reported?

No, no one has been hired yet to do the work.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The day laborers may or may not be US citizens. Travis County is a sanctuary county.

Submitted: 9 months ago.Category: Legal
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Answered in 2 minutes by:
11/17/2017
Lawyer: Loren, Attorney replied 9 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,269
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Lawyer: Loren, Attorney replied 9 months ago

It is not really any different than an injury on your property to anyone else who is lawfully on your property. If they can prove the injury was due to your negligence then you could be liable for the damages. Otherwise, without proof of your negligence, you would not be liable for the injury.

Presumably, if you were sued over this your homeowner's insurance would tender your defense and cover any claim.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 9 months ago
The landscape work would not be done on my property, but for a property manager on a separate property.
Lawyer: Loren, Attorney replied 9 months ago
Then you have no personal liability.
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Customer reply replied 9 months ago
Sorry, I haven't been clear. I am an Engineer hired by a property manager to construct a berm on one of his properties for the purpose of flood control. If someone I hire to help with labor on this job, and who I pay hurts himself, am I liable? I usually find day laborers who hang out at a local "Home Depot". I never check their legal citizenship status, and this is a sanctuary county. Does that make a difference as to liability?
Lawyer: Loren, Attorney replied 9 months ago

You can not be liable unless you are proven negligent. Merely hiring a day laborer as an independent contractor does not make you liable.
You are not required to check the status of a day laborer.

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Lawyer: Loren, Attorney replied 9 months ago

Did you have further questions? Have I answered your question?

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Lawyer: Loren, Attorney replied 9 months ago

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