liability for someone helping with installing a wood floor

[Benjamin]

I have a guy coming next week to help me level a floor and install wood flooring. My concern is that if he were to get hurt while working in my house, I imagine that the liability would be on me (even if it's his fault).

Anyone have advice on how to protect myself on this issue? Is it possible to have him sign a no liability waiver? I think he'd be willing to do that, but I'm not sure that it would be legally binding.

Also, does anyone know if homeowners insurance typically covers someone else getting injured in your house?

Thanks

-Ben

[Clark]

Hey Ben,

I would just call my insurance agent and ask, but thats me..

Clark...

[Colbyt]

In most States an independent contractor can legally claim to be self insured and/or waive in writing any claims that might occur. As long as he does not bring a helper you will be fine in most States. The People's Republic states most likely play with a different set of rules.

The liability portion of you homeowners may cover you IF you have the written waiver and it is legal where you are.

If this is a major concern to you please do not rely on the advice in this thread. Consult your local insurance agent or an attorney for the law as it applies where you are located.

Colby

[HeyBub]

No contract can waive liability or negligence in advance. Well, the contract CAN, but the courts won't enforce it.

You can minimize your risks by doing all the laminate floor ladder-work yourself.

[SteveBell]

You need to get a statement directly from his insurance agent proving that he has the required business insurance. Don't be shy about asking for this. All legitimate contractors are used to supplying it. If I need one, I give the client my agent's card and tell them to call. My agent sends them the statement.

If he has no business insurance, then don't hire him. If he gets hurt, he can sue you. If he gets hurt badly, he can get your whole net worth.

[Pat]

I think the key here is he is going to be helping you so he will be your employee. You will be liable. To protect yourself talk to your insurance agent.

[Edwin Pawlowski]

Is this a paid contractor or a friend? If it is a contractor, he should be insured. If it is a friend, he will probably tell you to go F yourself and walk out when you hand him the waiver.

[Art]

That used to be true but today, if the waiver is bold and clear enuf some courts might enforce it.

For example, if you have AT&T phone service, they are for the most part not being regulated any more at least in NC. Go read the new agreement see what you have waived by doing business with them.

[Terry Cano]

I work in property management in So Cal. Because we are a bussiness this may not be of help to you. If a vendor has no proof of WC (Worker's Comp) insurance, our company pays the vendor 6% less and pays the WC in case they get injured. I'm at the job site so I don't know how it is done in the front office. The person can also work through someone elses license/insurance someone they know. That contractor will bill you and you'll pay a little more. Good luck Terry

[Colbyt]

Terry,

I have heard others mention this same plan. Do you have any idea of how they reconcile since different trades have different rates? 6 % would no where near cover the cost of roofing workers comp.

Just curious here.

Colbyt

[Benjamin]

It's "a guy" we found online through craigslist. He's not insured (other than his personal insurance), but he would be doing most of the work himself. So I see him as a contractor, rather than employee.

Regardless, I will check with my insurance company.

Thanks for the comments.