Tuesday, January 13, 2009
I don't know about other states, but in NY if a workman is injured while working on your property, you can be sued, even if you didn't create the dangerous condition and are not at fault. As the lawyers' commercials say, "...entitled to more than just workmen's compensation." What they mean by that is "you". (Your homeowner's insurance, or personally if the insurance is inadequate.)
The contractor is required to provide all necessary safety equipment, but if he/she doesn't, or if it is provided but the worker chooses not to use it, then the property owner is liable, too.
So in NYS, I guess I'm supposed to know what the dangers are, what equipment is required, and watch the workers every minute to ensure they're using it? Isn't that asking more than is reasonable?
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3 comments:
Yes! (to watching being unreasonable) and wouldn't someone over watching them be more likely to make them fall and hurt themselves?
I know an insurance agent told my friend who owns a small store that if she cleared the snow and ice from the parking lot and someone slipped, she was responsible. But, if she left it uncleared, it wasn't her fault. Possibly. Of course, then she might slip going into work.
That's why I have an umbrella policy to keep all the idiots from raining down on my head.
Yes it is ridiculous. This exact type of thing is one of the main reason I got out of law. Complete stupidity.
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