Legal Question in Personal Injury in Texas

Contractor Injury

We have a farm and cut hay. I hired a 20ish man with his own equipment that cuts and bales hay for people in the area.

The man drove his tractor over a stump outside the cutting field going very fast, was not wearing his seat belt and was ejected out the glass cab in the path of the cutter. Thank God he was able to avert the worst that could have happened and was treated at the hospital and released that night. Since he was not able to finish the job (minor damage of his tractor due to running into a tree after it went on a self propelled adventure) we hired a different company and paid the injured person for his time (injured man quoted the bill - it was a fair amount and he has cashed the check.)

We have received a letter from an attorney that we are to contact our insurance agency because he is going to sue for injury sustained on our property. Can a contractor hired for a job sue for an accident when he was the driver and it was his equipment?

There were several people that saw him working that day (other than us) that did not see the accident but observed and commented that he drove his tractor very fast.

What is the law regarding this issue?

Thank you for your time to respond.


Asked on 11/03/04, 12:03 am

1 Answer from Attorneys
Dan Street Street Law Firm

Re: Contractor Injury

You have asked, "Can he sue?" The answer to that question is always "Yes." In our country, anyone can sue anyone else anytime for anything. A better question would be, "Can he WIN?" The answer to that question depends upon whether he can show negligence on your part. Generally, you have a duty to warn an "invitee" of hidden hazards on your property. If the stump was "open and obvious," you would not have a duty to point it out. Also, his conduct may have been negligent ("comparative negligence") to the degree that it cancels out your negligence. Premises liability questions are complex and require the interpretation of a skilled defense attorney. In short, you should report the claim to your insurance company and let them defend you.

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Answered on 11/03/04, 3:57 pm


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