Can a Homeowner Be Held Liable for the Injuries Suffered by a Contractor?

Can homeowners in New York City be held liable for injuries suffered by contractors (or subcontractors) while working on their property? Many homeowners enjoy new home improvements, but have they ever considered what a dangerous home improvement project (such as roofing repairs or extending or replacing electrical circuits) entails? So, what happens if a contractor is injured on the job? Who will pay their hospital bills?

Under labor laws § 240 & § 241, owners of single or multi-family homes in New York are exempt from liability if a contractor gets injured while renovating or repairing their property unless they exercised direct control over the work being performed.

In other words, an NYC homeowner may be held liable for any resulting contractor injuries only if their contractor can prove that the homeowner supplied specific instructions on how the work should be completed or provided specific materials and equipment to be used.

Although incidental homeowner interactions are not enough to establish homeowner liability for injuries, proof of providing direction and involvement in how the improvement project is completed is a key determinant of legal liability.

Working with a construction dispute attorney in NYC, such as James J. Corbett, in advance to verify these issues, as well as reviewing and approving any contract provisions, increases the likelihood of homeowner satisfaction with the improvement project and reduces the risk of misunderstandings and/or disputes.

Before signing any agreements for construction or home improvement services, NYC homeowners should obtain copies of the contractor’s general liability and workers comp insurance as well as any required licenses.

While these basic guidelines may apply to many NYC homeowners, all project considerations and criteria differ from one another. Again, working with New York’s leading construction litigation lawyer like James J. Corbett ahead of time might be beneficial.

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Created on Aug 20th 2021 04:35. Viewed 215 times.

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