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construction accident

Contractor Injured at Your House: Are You Liable?

Homeowners having work done to their homes may be concerned about not just the quality of the work, but also about the potential legal liability for injuries sustained by contractors performing the work. By virtue of owning the property, homeowners may generally be held responsible for injuries caused by negligence in failing to maintain the property in a reasonably safe condition. What is considered negligence in a given situation depends in part upon the status of the injured person, but also the cause of the injury and the circumstances surrounding an accident. A homeowner's eventual liability may also depend on whether an injury will be covered by insurance. What do homeowners need to know about the possibility of a home-improvement or construction contractor being injured? Duty of Care Owed to Contractors Although contractors are on a person's property in a professional capacity, homeowners still owe them a duty to reasonably maintain the property. For the purposes of homeowner liability, injured parties are grouped into three categories, each of which are owed varying levels of care: invitees, licensees, and trespassers. Contractors are generally considered to be invitees, which include visitors on a property for business purposes (such as workers or customers in a store). Homeowners owe the highest degree of care to this group of visitors, including a duty to repair known dangers and inspect for undiscovered hazards in areas an invitee may have access. When a homeowner fails to live up to this duty, and a contractor is injured because of a condition that the homeowner would reasonably have been expected to discover and correct, the homeowner may be liable for negligence in a personal injury lawsuit. What About Insurance? In some instances, a homeowner's insurance policy may protect against personal injury liability. Although individual policies vary, some homeowner's policies provide coverage for accidents and injury claims, including those by contractors. A contractor's injury may also be covered by the contractor's own insurance. If the contractor is working as an employee of a larger company or contractor, he or she may be covered by worker's compensation. Contractors may also have other forms of insurance coverage that may provide coverage for injuries sustained by the contractors themselves, or a contractor's employees and subcontractors. If you are concerned about potential liability for a contractor injured on your property, you may wish to contact a personal injury defense attorney. You can also learn more about liability for injuries or accidents at FindLaw's section on Homeowner Liability and Safety. Related Resources: Browse Personal Injury -- Defense Lawyers by Location (FindLaw) Who's Liable for Your Holiday Party Injury? (FindLaw's Injured) If Your Tree Falls Onto Neighbor's Property, Are You Liable? (FindLaw's Law and Daily Life) Want to Sue a Home Contractor? 3 Things to Consider (FindLaw's Injured)
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Miley Cyrus Tongue Slide Lawsuit Alleges Injury

Miley Cyrus' tongue slide has slid into a personal injury lawsuit. Alas, it's not the pop star's real tongue. The lawsuit involves a giant slide modeled after Miley's tongue that the performer slides down to the stage as part of her "Bangerz" tour. So basically, she sticks out her real tongue as she rides down a massive plastic rendition of her tongue sticking out. Tr�s meta! A construction worker claims the tongue slide is a dangerously slippery slope. Miley Cyrus Tongue Slide Snafu Charles Nicholas Sarris is suing ShowFx Inc., the Los Angeles based equipment company that constructed the massive tongue slide for Miley's tour, TMZ reports. Sarris alleges he was hired to assist in the slide construction but was badly injured while working last month. He claims the tools and equipment provided to him failed, causing him to take a nasty fall from Miley's tongue slide and get injured. He's suing for unspecified damages. But do his construction injuries come with the tongue territory? Tongue-Tied Slip and Fall Construction workers regularly confront some of the most dangerous working conditions. On-the-job construction injuries are quite common in the industry. General and sub-contractors must provide to workers a construction site that is reasonably safe. They also have a legal duty to warn of any defects or hazards at the site (as well as any hazards inherent in the work being performed). Sarris claims his slip and fall injury -- the most common type of workplace injury -- resulted from ShowFx's negligence. He claims the company failed to warn him of the potential dangers involved in the slide construction. He also says the tools and equipment provided to him failed to prevent injury, TMZ reports. Worker's Compensation Issues Sarris will likely obtain workers' compensation as most on-the-job injuries are covered by workers' compensation. However, workers' compensation laws might affect his financial recovery against his employer. By contrast, workers' compensation laws probably would not affect lawsuits against other parties potentially responsible for his injuries, such as third-party contractors, property owners, or equipment manufacturers. In this case, it's unclear whether ShowFx is his employer or not, so it's tough to say how workers' compensation will affect his case. Related Resources: Miley Cyrus' Giant Tongue Leads To Lawsuit! Soon We WILL Know Where Miley's Tongue Has Been, Katy Perry -- A Courtroom! (Perez Hilton) NJ Construction Worker Falls Into Tank of Acid (FindLaw's Injured) Elevator Mechanic Awarded $11.7M for Injury (FindLaw's Injured) Cirque du Soleil Accident: Performer Dies on Stage (FindLaw's Injured)
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