Can a Contractor Sue a Homeowner for Injury in New York City?
When contractors in New York City are injured at a client’s home, they can only file a lawsuit in certain scenarios. That being said, the right attorney can help you bring a valid claim against a negligent homeowner and recover damages on your behalf.
In New York City, contractors can only sue a homeowner for injury in specific situations. If a homeowner manages a project and tells you how to do your job or provides you with certain equipment, they can be liable for your injuries. If you are injured at a client’s home in an accident that is unrelated to a project, you may be able to file a premises liability claim. Proving fault against a homeowner can be difficult, so contractors should keep careful records and higher an experienced Elmhurst, Queens personal injury lawyer.
Our team is here to help contractors injured while completing a job for homeowners in New York City. For a free case evaluation with the New York City construction accident lawyers at The Carrion Law Firm, call us today at (718) 841-0083.
Can Contractors Sue Homeowners for Injury in New York City?
New York City has specific laws relating to liability for a contractor’s injury. That being said, contractors can file a lawsuit against a homeowner for injury in certain circumstances. In New York City, homeowners can be liable if they direct the contractor’s work or provide tools to contractors.
In New York City, homeowners who manage a contractor during a project can be liable for injuries. When homeowners hire a contractor for a renovation or project, they have two options: they can step away from the project and allow a general manager to handle the day-to-day events, or they can manage the project themselves. Managing a project means a homeowner is deeply involved in all decisions regarding a contractor’s work. If a New York City homeowner assumes the role of a general manager, they can take on liability for a contractor’s injuries.
When homeowners provide instruction to contractors, they take on added responsibility. In addition to the general expectation that homeowners should provide a reasonably safe environment for contractors – informing them of broken floorboards they might trip on, for example – homeowners also become responsible for a contractor’s overall safety. Additionally, homeowners could be liable if they instruct a contractor to use certain equipment, such as scaffolding, and a contractor sustained an injury using that equipment. If you were injured on the job because a homeowner poorly instructed you, reach out to a Whiteplains construction accident lawyer to learn if you can recover compensation.
Sometimes, there is a gray area regarding a homeowner’s involvement in a project, making it difficult for contractors to file a lawsuit. It’s not always clear whether or not a homeowner is liable for your injuries, so it’s important to seek advice from a Long Island construction accident lawyer right away.
Can Contractors Sue a Homeowner for Injuries Unrelated to a Project?
When completing a job at another person’s home, contractors risk sustaining injuries. While some injuries are related to their work, others are not. For injuries unrelated to a project, contractors in New York City can file a lawsuit against a homeowner.
When you think about contractors sustaining an injury at a client’s home, you may automatically assume their injuries resulted from the work. While that’s true in some cases, it’s not always so. Some injuries contractors can sustain are not the result of a work-related injury. For example, suppose that you slip and fall on an icy walkway when leaving a client’s house for the day. Such an incident is unrelated to your job, meaning your ability to sue a homeowner is not predicated upon New York City’s laws regarding homeowner liability for contractors.
In such a scenario, your profession has no relation to your injuries. So, contractors could sue a negligent homeowner in a premises liability lawsuit with help from a Broward County slip and fall lawyer. Your client’s homeowners insurance may cover your injuries, but it’s still important to have a Broward County construction accident lawyer by your side to ensure you receive a sufficient payout.
This is worth noting because contractors may feel discouraged if they learn they can only sue a homeowner under certain circumstances. While that’s true when injuries are related to your work, it’s not if injuries are entirely unrelated to a project.
How Can Contractors Prove Fault Against a New York City Homeowner?
If you are able to file a personal injury claim against a negligent homeowner in New York City, you must prove fault. This can be difficult and prevent contractors from recovering the compensatory damages they deserve. Because of this, contractors must do everything they can to ensure that they can sue a negligent homeowner for their injuries.
Before you begin a project for a homeowner, be sure to have a written agreement. In this contract, each party’s role should be explicitly defined. If a homeowner wants to manage the project themselves, you can amend a contract or keep a note of it in your personal records. If, throughout a project, a homeowner becomes more involved and begins directing you, document such happenings. Keep any communications that show a homeowner is explicitly instructing you how to do your job. Otherwise, it can be difficult to prove that a homeowner provided instruction or equipment that resulted in your injuries.
Proving fault in such a case is crucial, especially if you are an independent contractor. In New York City, independent contractors are not required to carry Workers’ Compensation insurance for themselves in case of an injury. Even if you do have Workers’ Compensation insurance, it may not adequately cover the cost of your injuries. Because of this, contractors need to be able to prove a homeowner’s negligence and that they managed a project. If they don’t and are without Workers’ Compensation insurance, contractors may lose all access to compensatory damages.
Call Our New York City Construction Accident Attorneys Todays
If a homeowner’s negligence caused your injuries in New York City, you deserve compensatory damages. For a free case evaluation with the Bronx construction accident lawyers at The Carrion Law Firm, call us today at (718) 841-0083.