Can I Get Sued if a Contractor Gets Hurt While Working on My Property?

It's a frightening thought for any home owner. Imagine: a roofing contractor working on your house slips and falls off your roof, resulting in serious injuries. You have many sleepless nights wondering if he's going to sue you.

As the owner of the property, you could be held liable for the injuries he suffered if it can be shown that the injury occurred because of your negligence. But the contractor's insurance coverage should protect you against lawsuits if any of his workers are hurt on the job. It's up to you to make sure your contractor has adequate insurance coverage - ask to see a copy of the policy before the work starts.

Understand the Insurance Coverage

Make sure the contractor's insurance policy is current and valid. To be absolutely sure you can contact the insurance company to verify it. The contractor should have general liability insurance coverage of at least $1 million per occurrence (to cover any damage to your property), and workers compensation insurance for his employees (to protect you against liability for injuries suffered while performing the work).

Your homeowner's insurance also includes liability coverage. Review your policy to find out what the limits are and if you're at all worried about your exposure, talk to your insurance agent whether you should consider increasing the liability portion of your coverage.

What You Can Do to Protect Yourself from Legal Claims

1. Make sure your contractor is licensed. Ask for proof - have him produce his current license. You have a right to ask for this, and if he's reluctant to show it to you, you should be alarmed by that. If you have any doubts about the status or validity of what he's shown you, contact the issuing authority to verify that the license is in good standing.

2. Get a list of all subcontractors who will be working on the property and have each of them provide proof of valid insurance coverage as well.

3. Never lend any of your personal tools or equipment to a contracted worker. That would expose you to a lawsuit if someone gets injured while using them. These people are professionals and should have all the tools and equipment they need to complete the job. If they don't, that's a major red flag.

4. Disclose any potential risk or hazard beforehand, such as mold, termites, rotten wood, etc. Failure to disclose can leave you exposed to a lawsuit.

5. Remove, fix or take care of any items that could present a danger - for instance, rickety steps, loose eavestroughs, icy driveways, low hanging branches - if those items are not part of the work being done by the contractor.

6. Consider having the contractor sign a Waiver and Release Form accepting all risks associated with the work and releasing you from any liability.