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.
3 Answers from Attorneys
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.
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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
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.