Legal Question in Civil Litigation in Minnesota
Homeowner legal responsibility pretaining to workmen on property
When the workman was working on my property, doing electical work. He stepped on a nail which went through his boot and into his foot, causing a puncture wound in the ball of his foot. He came in the house and cleaned the puncture with peroxide and then continued to work . He refused a bandage and first-aid cream. When he went for lunch he stated he would go to the local emergency room and get a Tetnus shot.I don't know if he did that. Over the week-end he told me , in conversation ,that he had gone to the emergency room for treatment of his foot. My question is ,am I responsibile for his emergency room bill, and should I worry about possible legal action by him. Thank- you for your help with this matter. This man is self employed as a Handyman.
1 Answer from Attorneys
Re: Homeowner legal responsibility pretaining to workmen on property
This is similar to some questions we had to answer in law school, first year.
I can't tell for sure if you would be liable or not. I would need more information. Your handyman is what we call a "business invitee." Your standard of care is lower for him than it would be for someone who you just invited as a guest.
The questions are: was it your negligence which caused that nail to be there; did you have a duty to warn him; did you conceal the nail; was the workman negligent to have not noticed it? And many more.
Go see a lawyer. The consult fee would be way worth it.