What Happens If a Remodeling Contractor is Injured At My Home? 

Homebuilding is a tedious task involving choosing the perfect remodeling contractor, ensuring good quality construction materials, and taking all kinds of precautions for complete safety. However, no matter how many precautions are taken, construction accidents cannot be avoided.

As per Occupational Safety and Health Administration, about 47.4 percent of construction

workers and the extraction profession reported being injured. Now, the question is, who would be responsible if a remodeling contractor gets injured while working on a construction site? Is it the construction firm or the homeowner?

Well, most homeowners often believe they are not liable for any injury or accident at the time of construction. However, this is not so. Let us understand how a homeowner can be held responsible if a remodeling contractor gets injured while working at home.

Responsibility of a Homeowner in Case of a Remodeling Contractor Getting Injured

The homeowner has to ensure proper safety measures for people involved in the construction work at their home. Per the state’s law, this responsibility is known as ‘premises liability.’

This liability applies to workers, including contractors, babysitters, housekeepers, landscapers, and garage door repair technicians, who come to your home. Unfortunately, many homeowners are unaware of this fact and believe these construction workers will have their own insurance policies.

Well, the fact is that any construction zone accident can be problematic for homeowners if the owner is ‘controlling’ the construction site. This implies that if a homeowner is giving specific instructions for working to the construction workers, offering tools or equipment for work, or supervising the work, he or she may also be liable for any injury on the site.

What Happens When a Homeowner Controls the Project

Sometimes, a homeowner may unknowingly take over their remodeling projects. Now, this may seem minor, but from a legal point of view, this may be a little problematic.

If a homeowner gives instructions to the construction worker or provides the main tools for working, he becomes liable in the event of any construction accident. In this case, it is advisable for the homeowner to consult a premises liability attorney and get a homeowner’s insurance policy to cover any such damages.

Situations Where The Homeowners May Not Be Aware of Any Danger

However, the court does not hold the homeowners liable if there has been an injury, but the homeowner could not have actual information about the specific danger.

For example, there was a situation where a homeowner was not aware that a tree had fallen in his neighbor’s garden, and the fallen tree had reached his backyard also. Now, if the construction worker trips over the tree and breaks his leg, in this case, the court of law would not hold the homeowner responsible for the accident.

On the other hand, there may be a situation where the construction worker gets injured when a block of ceiling falls on his head. In this case, there must have been some dampness on the roof, which a homeowner must have ignored for quite some time. In this case, a constructive notice comes into the picture, implying that this problem with the house should have been rectified before it turned out to be dangerous and the homeowner would be held responsible.

When a Homeowner Hires a General Contractor

Now, there may be a situation when the homeowner plans to hire a general contractor for the remodeling work. In this case, checking the contractor’s insurance policy before the work stats is advisable. This would ensure that if the contractor does not have a valid insurance policy, the liability of any injury on the site will not fall on the homeowner.

Also, when hiring a contractor, the homeowner gets protected from being liable for any injury at the construction site. However, the homeowner has to inform the contractor beforehand about any safety issues on his or her property.

In addition, the homeowner should not have any right over the contractor’s work, so there should be no personal liability for construction injuries.

Final Words

Getting remodeling work done may be daunting for homeowners, as the safety of construction workers plays an integral role in the process. Any injury caused during the work may be difficult for the homeowner, as they can be sued easily. Thus, experts often advise homeowners to seek a premises liability attorney near me to get proper guidance and help on these matters before starting any remodeling work at home. Happy remodeling!