Are You Liable for a Handyman's Injuries During Home Repairs? Key Considerations and Protection Strategies

When you hire a handyman for home repairs, it's natural to wonder about your liability if an injury occurs. Unfortunately, the answer isn't always clear-cut. In this article, we'll explore the factors that can impact your liability and provide guidance on how to protect yourself.

Understanding Your Role as the Property Owner

As the property owner, you might question if you could be held liable for an injury that occurs during a handyman's work. The short answer is that you could be, but it depends on several factors, including the nature of the injury and the presence of liability coverage.

Homeowners Insurance: The First Line of Defense

Homeowners insurance is a critical tool in safeguarding against various risks, including liability for personal injury or property damage. However, it typically only covers claims against you, not the contractor or their employees. This means that if an injury occurs, the handyman should have their own liability insurance to cover the claim.

Independently Vended Contractors and Liability Coverage

Even if your contractors are legally bonded and insured, there are still scenarios where you could be held liable. For instance, if the injury is due to undisclosed hazards on your property, such as an icy walkway or a faulty electrical system, you could be considered negligent.

In such cases, you might have a duty to provide a safe work environment, and failure to do so could be considered negligence. It's essential to ensure that the contractor you hire has the necessary liability coverage and that they have provided proof of insurance.

Independent Contractors and Legal Responsibilities

Despite the fact that the handyman is classified as an independent contractor, you could still be held responsible for their injuries. The reason? If you have significant control over the contractor's work, you could be seen as the "controlling authority."

For example, if you require fall protection for roofers or other safety measures, and these requirements are not met, you might face liability. In this situation, it's crucial to communicate your expectations clearly and ensure that the contractor adheres to all safety protocols.

Legal and Insurance Protection in Canada

In Canada, licensed contractors are required to have insurance. However, to ensure that their workers are properly covered, you should always verify the documentation before signing a contract. Workman's Compensation insurance is designed to cover workers who are injured on the job, and it's essential to confirm that this coverage exists.

Importance of Working with Licensed and Insured Contractors

The risks of hiring unlicensed and uninsured contractors are significant. If an injury occurs, your homeowners insurance may not provide coverage, leaving you personally responsible for the medical and legal expenses. This could financially devastate you, often more than hiring a licensed and insured contractor in the first place.

Backed by proper insurance, a licensed contractor ensures that any injuries sustained during their work are covered, keeping you from facing financial ruin due to an unexpected injury.

Conclusion

When it comes to hiring a handyman for home repairs, understanding your liability and the proper protections in place is crucial. By working with a licensed and insured contractor and ensuring they have the necessary liability coverage, you can minimize potential risks and maintain your financial security. Always prioritize safety and insurance when making these hires, so you can focus on your projects with peace of mind.