Waiver of Liability hiring a handyman?

[2nstonge]

I do handyman-type work and carry liability insurance - 'taint inexpensive, that's for sure. I started hiring day-labor, semi-skilled type help for jobs that were too big for just myself. I made them sign-up with a local temp labor firm. It costs me a couple bucks more per hour than if I paid them directly (as sub-contractors) but the temp firm covers all the taxes, SS, liability, etc. It really works well and I don't lose any sleep at night over "am I covered if?" scenarios. If you've found a few people you like that will do the work why not just have them sign-up thru a temp labor office? No lawyers needed.

If you pay them directly and depending on a number of factors they might be considered an employee (whether they got hurt on the job or not) and you get dinged for tax witholdings, FICA, workers comp, etc. It can get really ugly if an unlicensed, uninsured worker gets hurt doing work on your property under your direction. I've had guys tell me not to worry, they'll never sue me...I'm guessing if they got hurt and couldn't pay the mortgage (or worse) I'd be hearing from a lawyer toot sweet.

-Norm

 

[MarkV]

I know it happens and I know it is a concern but geezs, you can get sued by a guest that trips over a rock in the yard because you didn’t remove every rock on the property. McDonalds found you can get sued for your hot coffee being hot! Go figure.

Around here I am not sure the fellows looking for little side work to feed the family are even capable of reading a liability waiver. Many of them are good workers though. Liability waivers don’t hold much weight these days in court.

If your insurance company tells you that you are covered don’t worry about it. If you want a bit more piece of mind I think we pay less than $200 per year for an extra 1M of liability insurance. Your insurance company is going to take care of a bogus law suit rather than pay. If you are looking at reasonable work from someone with reasonable skills that represents themselves as capable of the work you want done you are in pretty good shape. You haven’t knowingly put anyone in a dangerous situation they are not aware of.

MarkV

 

[California]

Consider the Deep Pockets principle.

When someone is critically injured and can never work again, someone needs to support that person for the rest of his life.

It's not right to push that burden onto the taxpayers. Probably this handyman never paid much taxes and the government wasn't responsible for his injury.

So the search begins for someone with assets that can be used to support him. That search is going to begin with his most recent employer, where he got hurt. A waiver isn't going to be sufficient to shift liability for his care from the employer, to the Government.

When I worked for the state highway department I learned they were providing lifetime support for a number of accident victims. In each case, a jury had found that the State shouldn't have put the guardrail or pole right where this teenager was going to have his accident. And there was no one else to support him for the rest of his life as a parapalegic. So the highway department paid, and paid.

You need insurance to shift the Deep Pockets role from yourself, and your farm, to an insurance company.

 

[3RRL]

a jury had found that the State shouldn't have put the guardrail or pole right where this teenager was going to have his accident.
Believe it or not, this is exactly the kind of thinking you'll be up against. From some law suit outcomes, it is only a mild case of ludicrousness.
I imagine you can sue your parents for having you if you wanted. Be sure to cover yourself properly and expect the unexpected.

 

[dmccarty]

There are plenty of bogus lawsuits in our country but the McDs Coffee case is NOT one of them. A quick search finds quite a few hits. Here is the first one I saw.

McFacts abut the McDonalds Coffee Lawsuit

However what is interesting is how often this lawsuit is mentioned as an example of a bogus lawsuit which I blame on our wonderful Now It All media.

Later,
Dan

 

[Farmwithjunk]

For 16 years, I raced dirt bikes and was an AMA referee at several national or regional events held by our club. (1/2-mile AMA Grand National Flat track, enduroes, hare scrambles, Observed trials)

AMA required lots of insurance. We required all participants and anyone admitted to the pit areas to read and sign liability waivers. That was by the instructions of AMA and our insurance carriers.

Those waivers weren't worth the paper they were written on for the most part. They served no more purpose than to DISCOURAGE thoughts of lawsuits. Once in a court of law, they would be treated as evidence that we (sponsoring club) knew there was clearly danger to the participants, and we "allowed" them to be injured.

 

[midlf]

Those waivers weren't worth the paper they were written on for the most part. They served no more purpose than to DISCOURAGE thoughts of lawsuits. Once in a court of law, they would be treated as evidence that we (sponsoring club) knew there was clearly danger to the participants, and we "allowed" them to be injured.

Similar experience with waivers as part of SCCA and Corvette clubs. What FWJ says is true, however the waiver also clearly says the participants knew they were voluntarily undertaking (no pun intended) an activity with hazards. Net score zero.

 

[Doc_Bob]

Those waivers weren't worth the paper they were written on for the most part. They served no more purpose than to DISCOURAGE thoughts of lawsuits. Once in a court of law, they would be treated as evidence that we (sponsoring club) knew there was clearly danger to the participants, and we "allowed" them to be injured.

Exactly! My father is a lawyer (I am ashamed to admit it ) and I learned at a very early age this sad fact about it ain't worth the paper it is written on.
Bob

 

[DieselPower]

Well if you are "contracting" the work out the contractor should have their own workers compensation insurance and all other state required insurance.

To be safe I personally have a umbrella policy on my home owners policy. It covers me for $1.5M. Basically it picks up when any other insurance policy would stops coverage. Thing's like injury, slander, even overlaps my automotive insurance policy if ever needed. Umbrella policy's are rather cheap, most people just don't know about them and insurance writers don't seem to interested in selling them since they don't cost much.

 

[Deerfoot]

Here's a story I heard today that will make you think twice about hiring day labor. My friend's ex-wife's landscaper who was apparantly a "nice guy" hired day labor for his crew. One of the workers cut off two of his fingers recently. When the landscaper was in his front yard yesterday a car pulled up and he was attacked first by getting hit over the head with a crow bar. The mob then cut off both his ears, and was in the process of cutting off his nose when the bus stopped to drop his daughter off from school. They fled the scene but were later caught. He will be in the hospital for quite some time. Made me think twice.