Note: This is for general information purposes, and Master Build Advisor explicitly recommends that you not rely on this as legal advice, and instead retain a qualified attorney knowledgeable in construction matters to assess your personal situation. Master Build Advisor is not a lawfirm, and the following is not legal advice.
Hiring a contractor to work on your home is a common practice, whether it’s for a minor repair or a major renovation. In California, it’s crucial for homeowners to understand their potential liabilities, especially when it comes to injuries sustained by contractors on their property. Even if the contractor is licensed and carries insurance, there are circumstances where you, as the
homeowner, could be held legally responsible.
When Can a Homeowner Be Held Liable?
Under California law, homeowners are generally not liable for injuries that independent contractors sustain while working on their property, regardless of their license status. This is thanks to The Privette Doctrine established by the California Supreme Court. The rationale is that independent contractors are responsible for ensuring their own safety and that of their workers, however, there are notable exceptions where liability can shift to the homeowner. Here are the key scenarios to avoid liability:
- Exercising Excessive Control Over the Project
Avoid directing the contractor on how you want them to perform the job. If you insist that the contractor performs the work in a specific way that is unsafe or leads to injury, you may be liable. For example, demanding that the contractor uses your old, faulty equipment—like a 40- year-old ladder that breaks during use—can make you responsible for any resulting injuries. By dictating unsafe methods or providing hazardous equipment, you’re effectively contributing to the risk.
Tips:
- Trust the professional judgment of your contractor regarding the tools and methods used.
- Never provide tools or equipment to a contractor.
- If you have concerns, discuss them openly but avoid imposing unsafe practices. If they’re not
able to adequately address your concerns, it might be a good time to engage with a contractor
you feel more comfortable with.
- Failing to Disclose Known Hazards
Homeowners have a duty to warn contractors about any known dangers on the property. Suppose
you’re aware of a rotten section of your roof due to a leak but don’t inform the roofer you’ve hired
to fix some shingles. If the roofer steps on the compromised area, falls through, and gets injured,
you could be held liable because you didn’t disclose a known hazard.
Tips:
- Always inform contractors of any potential risks or hazardous conditions they might encounter
while working on your property. - Pick up any items that could be a tripping hazard including rugs and ensure contractors have a
clear path to their working environment. - Remove items from the work area to provide a clean and clear work environment.
- Keep your pets safely out of the way.
- Engaging in Illegal Activities or Violating Safety Regulations
If you’re involved in illegal practices or ignore safety codes, any resulting injuries to contractors
can become your responsibility. For instance, converting an attic into a living space without
obtaining the necessary building permits violates local regulations. If you also neglect to mention
the presence of hazardous materials like unsecured electrical connections, and a contractor
suffers a shock related injury or electrocution, you could be liable for their medical bills and lost
wages.
Tips:
- Ensure all renovations comply with local building codes and regulations.
- Be transparent about any hazardous materials or conditions present in your home. If you’re not
aware of any, encourage your contractor to survey their work area for any safety issues before
beginning work.
Protections as a Homeowner - The Privette Doctrine: Established by the California Supreme Court, homeowners
generally not liable for injuries sustained by independent contractors or their employees
except in the exceptions above. - Obtain Proper Permits: Always secure the necessary permits for any renovation or
construction work to ensure compliance with local laws. - Communicate Openly: Maintain clear and honest communication with your contractors
about the state of your property and any potential risks. - Indemnification Clause: Though it may not be needed in light of the Privette Doctrine, a
well-drafted contract can include clauses where the contractor agrees to indemnify you
(not hold you liable) for injuries.
- This article is for informational purposes only and does not constitute legal advice.