Legal Question in Personal Injury in Indiana
Un-insured/illegal contractor & on the job injury or property damage
Concerning residential home repairs. A homeowner hires an unlicensed and uninsured "contractor". This "contractor" has no liability or worker's comp insurance. An "employee" injures himself on the homeowners property because he fell off a step ladder while fixing a window and twisted his ankle. At this point the "contractor" tells the "employee" "you are an idiot, what did you do that for?" Then he feels sorry for the injured "employee" and gives him a ride home. He returns to the jobsite and finishes fixing the window and collects his money from the homeowner. Cash of course. Next the "contractor" changes his phone number and moves to avoid liability. So who gets sued for medical bills: The homeowner? And if so to what degree will the homeowners insurance company protect him/her?
1 Answer from Attorneys
Personal injury and homeowner's insurance
From your facts I assume you have not been sued. In Indiana liability for someone's injuries is based upon fault. You are not automatically liable just because the injury occurred on your property. You are covered by insurance. Should you receive any notice that someone expects any kind of payment for this injury contact your homeowner insurance company right away. They will defend and be responsible for payment required, although from the facts as stated I cannot see any liability.
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