Legal Question in Personal Injury in California
I hired a lanscaping contractor to cut my tree, and this contractor had someone else cut my tree. This person fell on my property and now suing me for personal injury. I didn't have homeowner insurance at the time of the incident. The contract was only made verbally. So far the law firm only requesting insurance info on my property. Should I tell them that I don't have insurance at the time and that I didn't hire that person and give the contact info of the lanscaping contractor and tell them to contact that person directly. What other options do I have? And also what are my liability?
2 Answers from Attorneys
I am assuming the contractor you hired was not a licensed C-27 landscaping contractor, otherwise they would probably have had insurance. Do not call the injured person's law firm, do not say anything to them, and do not believe anything they tell you. Yes, you could be held liable. Even though the injured person is not an employee for purpose of worker�s compensation law, he was an employee for purposes of tort liability under California law providing that an unlicensed worker performing services for which a license is required is not an independent contractor, but an employee. Your liability could be unlimited. If you receive a lawsuit (summons and complaint), do not ignore it. Contact me, or another attorney, immediately and make sure you respond to the lawsuit within 30 days. Do not ever again go without homeowners' or renters' insurance.
Do not communicate with them at all. They may go after you. If you do not have an attorney, you could lose even if you otherwise would have a defense because you might say the wrong thing or not say the right thing. If they send you a letter or serve you with legal papers, hire an attorney, myself or someone else immediately.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi
870 Market Street, Suite 1161
San Francisco CA 94102
IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
