Q: I hired someone to paint my house, but he fell of the ladder. what is my responsibility ?
A: It could depend on whether there were any safety issues related to the control of the property owner. But in general, the short answer is that such injuries are generally covered by workers' comp. Good luck
A: It really depends on why the worker fell off of the ladder. If there was nothing wrong with the ladder, your legal liability would be very limited as New York Labor Law § 240 does not apply to the owners of one- and two-family dwellings (unless you directed or controlled the work). If there was something wrong with the ladder, even though Labor Law § 240 would not apply, you could be held responsible under Labor Law § 200 if you either knew or should have known that there was something wrong with the ladder (or perhaps the worksite if it contributed to his fall). Although workers' compensation prevents the injured worker from suing his employer, it does not prevent him from suing you. If you have homeowner's insurance, best to report the incident to them sooner rather than later.
Daniel Michael Luisi agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.