Legal Question in Real Estate Law in California

Hey there, I was wondering if I hired someone to paint my house, and they got hurt, could I be forced to pay them money? (In california)


Asked on 7/24/14, 7:45 am

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes, it's possible that someone you hired to paint your house could get hurt and sue you successfully for money damages. Generally, the injured person would have to show in court that the injury resulted from your negligence, which might be something as simple as having a semi-rotten fascia board that broke under the weight of the man and paint bucket on the ladder.

Injury resulting from negligence is not the only plausible basis for a lawsuit, merely the most likely.

This is why insurance is so necessary. A good homeowner's policy would probably provide the desirable protection, but it's also a good idea to be sure anyone you hire to do work around your property be insured themselves, and in most cases you should prefer workers and contractors who are licensed and bonded as well.

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Answered on 7/24/14, 7:59 am

Mr. Whipple leaves out the key issue of Workers Compensation. If you hire a licensed contractor who has a valid on force WC policy you will be mostly if not entirely insulated if a worker gets hurt. If you hire an unlicensed contractor or one without WC, you in effect become the employer and are almost strictly liable for all work place injuries.

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Answered on 7/24/14, 8:09 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. Unlicensed contractors who become injured on the job are not independent contractors in the eyes of the law, but are instead, by operation of law, employees of the party who hired them for purposes of establishing workers' compensation benefit eligibility.

It would be best for you to hire a licensed contractor with worker's compensation insurance.

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Answered on 7/25/14, 11:36 am


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