Legal Question in Personal Injury in New York

Am I liable for neighbors workers falling on my property?

My neighbor is doing work on his house. Part of that work includes setting up scaffolding on my property. I have no problem allowing that, but I don't want to be liable for any damages that might happen, such as the contractor's workers falling off on to my property. Basically, my question is, what is a landlord's liablity for damages happening on his property when there is no negligence on his part? Thanks for any help.


Asked on 7/01/04, 11:34 am

3 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Am I liable for neighbors workers falling on my property?

If you gavce permission for the work to occur (in part) on your property you are responsible for providing a safe working environment and you are responsible to supervise that any work done on your property be done competently and securely. IF the work is for the benefit of your neighbor you may want to consider having him sign an indemnification agreement in which he agrees to defend you and pay for any cost or damages should a lawsuit arise against you.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 7/01/04, 2:23 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Am I liable for neighbors workers falling on my property?

If there is an accident, you can be sued. But in the end, having done nothing wrong, you wil be able to avoid payment. BUT, you will still have this thing drag out.

Have your neighbor have his workers use a hanging scaffold (from the roof). This way they are never actually on your property.

The Labor Law, under which liability herein may attach is complicated.

Feel free to contact me with any questions.

Good Luck

RRG

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Answered on 7/01/04, 3:16 pm

Re: Am I liable for neighbors workers falling on my property?

Without knowing the details, I can say that if you own a one or two family house AND you do not supervise the work, you probably have no liability. If you want to sleep well at night, you should require that your neighbor's contractor name you as an additional insured on his insurance policy and give you proof that he has done this.

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Answered on 7/01/04, 11:43 am


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