Be Careful Who You Hire During The Holidays
1. Contractor Liable for Injuries to Subcontractors Employee Who Fell Off Scaffolding
Brown v Beach House Design & Development. In this case the usual exemption from liability did not apply because the general contractor maintained control over the scaffolding by delegating to his employees duty to inspect and maintain the scaffolding. Should have left those duties up to scaffolding company!
Comment: Holidays are here. Every year I preach to my clients be very careful who you hire to put up Christmas lights on your house. Any fall from the ladder could cost you big time. This word of caution applies to hiring window washers as well particularly when you yenta it up and direct the washers on how to do their job. That has been considered ” exercising control” to find liability on homeowners.
About the Author
Scott Souders is a real estate attorney who has practiced real estate law in excess of 45 years in Southern California. The Real Estate Law Update cites cases or statutes which are summarized and should not be relied upon without fully reading the cases or statute in the advance sheets and shepardizing the same and consulting with your own attorney.