Hiring Someone to Work on Property - Liability

[HawkinsHollow]

I am SLOWLY learning that if I am to keep my sanity I need to hire people to help me in life. My goal for the summer is to keep the weeds on my property at bay all summer long Last summer it was a mess, I was too busy with my shop build and the weeds got out of control. All fall I would walk around and end up with a hoodie full of burrs.

I am a school teacher and I plan on hiring one of my responsible enterprising students to weed eat at the property this summer. My question is about liability. I am assuming liability is lessened if you are paying that person to work at your property. Am I correct in this assumption? I do not think he is necessarily going to get hurt, just curious.

 

[jeff9366]

Liability is liability.

The risk of serious injury will be dependent on the tasks you assign.

You are responsible for employee training; safe, aprorpriate tools and apparel, chemical exposure, hydration, bee stings, etc. Make sure your employee wears boots, long pants and sturdy gloves when weed whacking.

Liability is liability.

Review your homeowner's insurance policy for liability coverage.

 

[quicksandfarmer]

Not a lawyer, but I think you're asking for trouble hiring anyone under the age of 18 to do anything much more complicated than weeding. There's a long list of things that federal child labor laws prohibit minors from doing.

 

[Steppenwolfe]

I would start with an umbrella policy on your homeowners insurance. At least then that enterprising young student with 9 toes won't be living in your house. After that... good luck. It's a bloody nightmare hiring someone who isn't self insured. Oh... and if you own that weed eater, now you are 100% liable.

 

[Hay Dude]

I am SLOWLY learning that if I am to keep my sanity I need to hire people to help me in life. My goal for the summer is to keep the weeds on my property at bay all summer long Last summer it was a mess, I was too busy with my shop build and the weeds got out of control. All fall I would walk around and end up with a hoodie full of burrs.

I am a school teacher and I plan on hiring one of my responsible enterprising students to weed eat at the property this summer. My question is about liability. I am assuming liability is lessened if you are paying that person to work at your property. Am I correct in this assumption? I do not think he is necessarily going to get hurt, just curious.

Your heart is in the right place, but rethink this. It will probably go ok, but if one of them gets hurt, you could be asking for trouble.
Hire a contractor with insurance and a good reputation, or do it yourself

 

[ericm979]

Check with your home insurance agent. You may already be covered for this.

 

[dirttoys]

Liability is liability.

The risk of serious injury will be dependent on the tasks you assign.

You are responsible for employee training; safe, aprorpriate tools and apparel, chemical exposure, hydration, bee stings, etc. Make sure your employee wears boots, long pants and sturdy gloves when weed whacking.

Liability is liability.

Review your homeowner's insurance policy for liability coverage.

I didn't think I would ever utter this phrase: If you know your agent, ask them, exposure varies on many factors including your policy and the state you live in.


Best,

ed

 

[Frankenkubota]

A liability policy might protect you from damages but it does not stop someone for sueing you ....can't spell sueing...public education. Then you pay to defend yourself!

I get the impression that there are PLENTY of lawyers that will take this type of case at NO UP FRONT COST TO YOU. PAY ONLY IF YOU WIN!

I wouldn't do it. Im even worried when licensed contractors work here and Im pretty sure a bunch of their employees are illegals. What then?

 

[plowhog]

Sounds like you have a good relationship with a responsible student. Who you hire for simple tasks on your property. The student gets work and money, and your workload is lessened. So far, win-win. Seems simple?

Then something happens. Maybe a twisted ankle. Or debris into an eye from a weed eater. Or being bitten by a venomous snake or spider. Or the gas catches fire topping off the weed eater. Who pays for medical attention, or possibly rehab afterward?

Then come the questions:
- Why did you hire a student for work more suited to an adult?
- Did you abuse the teacher/student relationship by pressuring the student to perform work for you?
- Why didn't you offer to hire the minority student instead?
- Did you provide proper training and safety gear?
- Did you cover the student with workmen's comp insurance (this is a big one ...)
- Did you do payroll with deductions or skirt the laws by paying cash?
- Are you willing to offer a settlement?

And the list goes on. Please understand these are not my questions nor ones I would hope would ever get asked. It's just the world we live in now. Bottom line: it's simply risky to hire unlicensed uninsured people to work on your property. And short of hiring licensed insured contractors there are no easy way to reduce those risks.

Unfortunately, the student who was initially appreciative to get work may also transform into an aggrieved, picked-on victim once all the hustlers get ahold of him or her after an injury. It's sometimes amazing how those turnarounds can take place.

Like you, I also had weeds get "out of control" on me in prior years. Now I purchase plenty of glyphosate to keep the weeds down. Not my favored approach, but I can do it myself ...

 

[plowhog]

I wouldn't do it. Im even worried when licensed contractors work here and Im pretty sure a bunch of their employees are illegals. What then?

Good observation.

Last summer I had a contractor dig some trenches for lawn sprinkler lines. I learned one of his "employees" had not been in the area very long, and was staying in a local homeless outreach shelter until he could get on his feet. I presume this contractor just hired day labor out of the homeless shelter, sort of like hiring the guys hanging around Home Depot. I wasn't comfortable with that as I'd probably get tangled into any resulting lawsuit over injury on my property.

 

[two_bit_score]

You need to control the weeds with Herbicide and fertilizers anyway.

if you can’t or don’t want to DIY hire a good landscaper who is insured.

 

[plowhog]

I am assuming liability is lessened if you are paying that person to work at your property.

Sorry, I never answered this. Potential liability is triggered by doing this, not lessened by it.

 

[Sonny580]

Not sure anyone under 18 is even allowed to use a weed eater! --- In this area they cant! --- WHY,--- cause it has a motor on it! Its crap but thats what the laws have evolved into.
I started driving dads Oliver 70 tractor and pulled a 2-bottom rope trip plow when I was 8. Try that today and you get jail time! lol!
Check with your insurance guy and make sure your covered before you hire them.
I know a lot of good kids that are safe and suffer these laws too. How are they ever going to learn anything if govt. wont give them a chance?

 

[Steppenwolfe]

Once in a while as part of our contracting business, we need to hire temp labor for a variety of reasons; because of liability / workman's comp requirements I always use companies like People Ready, Tradesman International, or Tradesource on non union jobs... basic laborer rate now is hovering around $35 an hour. But, at least my butt is covered if something goes south. It's where we are at today.

 

[sixdogs]

Check with your home insurance agent. You may already be covered for this.

We've hired kids and people for decades and coverage was always a part of the policy. Also covered if someone makes a workman's comp claim and I have never heard of a homeowner being sued. Should someone try, and if I had coverage, I believe the insurance company would be obligated to defend the claim on your behalf. I Also believe this type of coverage in pretty much universal among companies.

That is my understanding but check with your agent to make sure of what you have for coverage.

 

[Steppenwolfe]

We've hired kids and people for decades and coverage was always a part of the policy. Also covered if someone makes a workman's comp claim and I have never heard of a homeowner being sued. Should someone try, and if I had coverage, I believe the insurance company would be obligated to defend the claim on your behalf. I Also believe this type of coverage in pretty much universal among companies.

That is my understanding but check with your agent to make sure of what you have for coverage.

My commercial insurance agent bought a new fridge 2 years ago. The big box delivery guy couldn't get it in the house, so the next door neighbor ran over to help; on his own volition. Sure enough, his knee bent over backwards and tore every tendon / ligament he had. Over the next 9 months he racked up $250K in medical bills, and sued my insurance agent for another million bucks; he got 500 K in the lawsuit. Lesson learned... always carry an umbrella policy on your home, and never let a neighbor help you out.

 

[John_Mc]

You should understand that in most states, if you hire someone to work for you who does not have workers' comp coverage, you are the their workers comp insurer (and in the end, their medical insurer, if it comes to that.) You are also responsible for the condition of any of your equipment they use and for seeing that they are appropriately trained in its proper use.

I have hired kids in the past to work for me, and will do so in the future, but I think very carefully about the type of work I ask them to do. It's worth a call to your homeowner's insurance agent, but I can guess their answer. Their job is to protect you (and their company) from risk.

 

[BoylermanCT]

Federal law prohibits kids younger than 16 from operating lawn mowers, weed eaters etc. Wow, I was a criminal when I was 13. I started mowing a neighbors lawn when I was 13. Had my first lesson in engine maintenance when I didn't check the oil on the mower and the engine seized on his John Deere riding mower. My dad and I replaced the engine with the help of a lawn mower mechanic from church. Had to pay for the engine out of my earnings.

Here is what OSHA says about hiring teens for landscape work. Long and short they need to be trained and have proper safety equipment.

Office of the Assistant Secretary | Occupational Safety and Health Administration

www.osha.gov

As others have said, check your insurance for coverage. I would give the kid a chance.

 

[sodamo]

I sure miss the old days…

 

[mikester]

If you want less liability hire a contractor with proof of insurance coverage. Even that doesn't make things trouble free.

Over here we have workers comp insurance that employers must pay. If your contractor lets his lapse and gets injured on your property then you become liable for his workers comp.

Lawyers, insurance companies and the government seems to be doing everything they can to kill jobs and small businesses.