What happens if a handyman gets hurt on your property?

Homeowners in Louisiana may be liable for damages if someone is injured while on their property, including their house, yard, or other buildings or features (such as a pool or deck). Knowing your legal responsibilities as a homeowner helps you manage the situation if a handyman (or any other worker) gets hurt on your property.

However, just because an accident occurred while someone was working on your property doesn’t automatically mean that you, as the homeowner, must pay them compensation. Your homeowner’s insurance covers the damages someone suffers, but only if it’s established that you truly are liable for their harm. Your first step after an accident that causes injuries on your property should be to contact a Lake Charles personal injury attorney to protect your rights and assets.

Louisiana premises liability laws and homeowner liability

As a homeowner, you are considered a property owner in Louisiana and, therefore, may be subject to the state’s premises liability laws. If someone is injured on your property due to an avoidable hazard or dangerous condition, then you may be on the hook for their medical bills and other losses. It’s your responsibility, as a property owner, to ensure that your property (including your home, yard, fences, and anything else on your land) is free from potential hazards that could harm visitors or guests. Note that in Louisiana, any pets you own are included in the definition of “potential hazard.”

Louisiana homeowners’ insurance requirements

No law in Louisiana requires property owners to carry homeowners’ insurance. If you have a mortgage on your home, though, your lender probably has a specific amount of insurance coverage you must carry to cover their investment in the property.

Even if your home is paid for, it’s still a good idea to have liability insurance. Standard homeowners insurance covers:

• Coverage A: Dwelling coverage, which covers damage to the structure of your home
• Coverage B: Coverage for other structures that aren’t attached to your house, like a shed, detached garage, or fencing
• Coverage C: Covers personal property, including inside the home, furnishings, clothing, appliances, and electronics
• Coverage D: Loss of use coverage, which helps cover your living expenses if your home is uninhabitable after a covered loss incident  
• Coverage E: Personal liability coverage that protects you if you are found legally responsible for another party’s property damage or injuries
• Coverage F: Medical payments to someone injured on your property

If a handyman is injured on your property, then your liability Coverage E and Coverage F should pay for their medical care and any other losses, such as property damage, if their tools were damaged.

Who is responsible for handyman injuries?

Homeowners can be held liable for failure to maintain a safe environment. If there are unsafe conditions on the property, such as broken stairs or fencing, a dangerous dog, exposed wiring, or poor lighting, then the homeowner may be liable if unsafe conditions played a role in the accident. The legal argument can be made that the handyman would not have been injured had you, as the homeowner, taken reasonable steps to ensure your property was safe.

Although homeowners can be held liable if someone is hurt on their property, this doesn’t absolve the handyman of responsibility for their own safety. A Calcasieu Parish court may not find you liable if the handyman causes injury to themselves through negligence, such as ignoring safety protocols or using defective tools.

Some handyman accidents may be due to the negligence of a third party. For example, if the equipment the worker uses is defective or malfunctions, the manufacturer could be liable.

Protecting yourself after a handyman is injured on your property

Most construction and home service-based techs in Louisiana are covered by their employer’s workers’ compensation insurance, but not all are. There are a lot of single-owner, one-person handymen out there, and it’s important for homeowners to know what kind of insurance coverage someone working on their property has. Before you hire a handyman, ask about their injury and liability insurance coverage.

If the worker is hurt on your property, notify your insurance carrier immediately. They can advise you on your coverage and any potential risk exposure and guide you through the claims process.

What to do next if a handyman is hurt on your property

A handyman may seek compensation from your insurance carrier to cover their medical bills and other damages. If the handyman isn’t covered by workers’ compensation insurance, filing a personal injury lawsuit against you may be their only option to cover their medical losses. It’s essential to have your own attorney, one dedicated exclusively to your interests, to ensure that your personal assets aren’t at risk in a lawsuit.

Do you have questions about a premises liability claim on private property? Call The Johnson Firm today at (337) 433-1414 for a free consultation with our premises liability attorney.