If you own a home and a contractor who is performing work on the property is injured while on the job, you may be sued for those injuries and possibly held liable for damages. While more often than not a property owner will be found responsible, there are a few steps that can be taken to help reduce the risk of liability for construction worker injuries.
If you or someone you know is a property owner in New York and is considering any type of construction on the property, contact a knowledgeable Brooklyn construction accident attorney right away to learn about your rights and obligations under the law.
Control and Liability – Can a Property Owner be Held Liable for a Worker’s Injury?
It is not uncommon for a homeowner to hire a general contractor to complete the work and completely step out of the way after reviewing plans and negotiating the price. Often, an owner’s biggest concern is whether or not the project will be completed on time and within budget.
Notwithstanding, an un-involved homeowner is required by law to provide a reasonably safe environment for the workers to do the job for which they were hired. This means a homeowner must notify the workers of any defects in the property that are not obvious – commonly referred to as “latent defects”. On the contrary, a homeowner that is more hands-on with the project – closely monitoring the workers’ day-to-day activities, even if he or she has no experience in the construction industry – is held to a higher standard than the laid-back owner. This is because courts have interpreted the obligation of providing a reasonably safe work environment differently, depending on the homeowner’s involvement in the project. If a homeowner instructs the workers about how and when work should be done, he or she may unknowingly take on the responsibility of ensuring the overall safety of all the workers.
New York labor law protects construction workers from hazardous working conditions and imposes strict liability. An exception exists, however, for owners of one and two-family dwellings that include houses and apartments. In order to use this exception, a homeowner must both demonstrate that the property is a one or two-family dwelling and prove that they did not direct or oversee the labor performed by the worker. The construction must directly relate to the qualifying dwelling, and not to something else such as a home business. In short, for a homeowner to successfully defeat liability, it must be shown that he or she (1) did not control or supervise the work and (2)was not aware of the dangerous condition that resulted in the injury.
Sometimes a homeowner’s insurance policy may cover damages for construction injuries for work done on the home. A contractor’s injury may also be covered by the general contractor’s workers’ compensation insurance.
Brooklyn Construction Accident Lawyer
Construction accidents are common, and often result in serious injury or even death. These suits can be complex because of multiple parties involved, as well as local laws that may apply to a homeowner’s responsibility depending on the facts of the case. If you are considering undergoing a construction project on a property that you own in New York, contact a skilled and knowledgeable Brooklyn construction accident attorney at the office of Jeffrey K. Kestenbaum right away to protect your rights. Click here or call (718) 237-5586 to schedule your free, initial, case evaluation.
