Legal Question in Personal Injury in New Jersey

I want to hire a painting contractor but they do not have insurance. They are willing to sign a waiver exonerating us from any blame if they get hurt - is that enough - in New Jersey?


Asked on 10/08/09, 5:07 pm

1 Answer from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

There is a clear answer of .....maybe. In general, parties of equal bargaining power are able to contract for anything that is not illegal or against public policy. However, your contract would not bind employees or others who are not a party to the contract. Moreover, if the contract were unconscionable or voidable due to an intentional or grossly negligent act, then it may be a problem. If you are talking about Worker's Comp, the law will impose the burden on whoever is available if the employer is not available and does not have insurance - thus the contract would be meaningless.

Without getting into every permutation, and scenario, the answer is still maybe However, you need to ask yourself also whether hiring someone who does not even carry insurance is the type of dependable organization to entrust your home/business to painting? If they do a bad job, what are the chances you are protected if they do not even bother to pay for insurance? As my teenage daughter says, "it sounds sketchy".

Often you get what you pay for. If you make a deal to save money to cut corners, the corners are cut everywhere.

I do not know the contractor, but ask yourself, is it worth the risk? Do you feel like litigating the issue if they do not honor their obligations and agreements?

Hope that helps.

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Answered on 10/13/09, 5:30 pm


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