Legal Question in Civil Litigation in California

Laborer

I have a friend working on a property for me and he went to local home depot and picked up a day laborer to help him for the day. My husband asked him to do so, yet my husband was not present at the time the person arrived at my house.

Anyway, the day laborer cut his finger on the table saw. My friend took him to the emergency room on that day then contacted my husband of what happened. Near 2 weeks has passed and now the laborer contacted my friend and told him he wants our personal info so he can sue us for hospital bills he claims total $42,000. What are myu legal rights? And can he do this if there was no employer/employee contract?


Asked on 3/23/04, 5:04 pm

6 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Laborer

You probably want him to be an employee as his damages claim is limited by statute. As a home owner you should have a home owner's policy, and would have workers compensation coverage.

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Answered on 3/24/04, 12:28 am
Donald Holben Donald R. Holben & Associates, APC

Re: Laborer

You need assistance of a qualified attorney. This is the type work we do. Can get nasty. He likely has a valid claim, however, you probably have insurance on property. Call to discuss. no charge first visit.

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Answered on 3/25/04, 11:08 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Laborer

If you have homeowner's insurance, notify the insurer of the claim. This is probably covered under your policy and, if it is, the insurer will provide a lawyer to defend you and your husband.

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Answered on 3/23/04, 5:22 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Laborer

Also, if you don't have homeowners' insurance, you are Really Screwed.

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Answered on 3/23/04, 5:28 pm
Terry A. Nelson Nelson & Lawless

Re: Laborer

If you don't have Workers Comp and/or Homeowner's insurance, you are about to learn the ugly consequences of being uninsured. If you have insurance, immediately turn the claim over to them. If no insurance, or they decline coverage, get yourself a good attorney immediately. While the $42k demand may be excessive, and negotiable, there will likely be some recovery for the worker. Contact me if you need to have private counsel.

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Answered on 3/23/04, 5:33 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Laborer

Notify your homeowners insurance. You probably have a workers comp. coverage.

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Answered on 3/23/04, 9:11 pm


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