Hiring Someone to Work on Property - Liability

[HawkinsHollow]

I am SLOWLY learning that if I am to keep my sanity I need to hire people to help me in life. My goal for the summer is to keep the weeds on my property at bay all summer long Last summer it was a mess, I was too busy with my shop build and the weeds got out of control. All fall I would walk around and end up with a hoodie full of burrs.

I am a school teacher and I plan on hiring one of my responsible enterprising students to weed eat at the property this summer. My question is about liability. I am assuming liability is lessened if you are paying that person to work at your property. Am I correct in this assumption? I do not think he is necessarily going to get hurt, just curious.

 

[jeff9366]

Liability is liability.

The risk of serious injury will be dependent on the tasks you assign.

You are responsible for employee training; safe, aprorpriate tools and apparel, chemical exposure, hydration, bee stings, etc. Make sure your employee wears boots, long pants and sturdy gloves when weed whacking.

Liability is liability.

Review your homeowner's insurance policy for liability coverage.

 

[quicksandfarmer]

Not a lawyer, but I think you're asking for trouble hiring anyone under the age of 18 to do anything much more complicated than weeding. There's a long list of things that federal child labor laws prohibit minors from doing.

 

[Steppenwolfe]

I would start with an umbrella policy on your homeowners insurance. At least then that enterprising young student with 9 toes won't be living in your house. After that... good luck. It's a bloody nightmare hiring someone who isn't self insured. Oh... and if you own that weed eater, now you are 100% liable.

 

[Hay Dude]

I am SLOWLY learning that if I am to keep my sanity I need to hire people to help me in life. My goal for the summer is to keep the weeds on my property at bay all summer long Last summer it was a mess, I was too busy with my shop build and the weeds got out of control. All fall I would walk around and end up with a hoodie full of burrs.

I am a school teacher and I plan on hiring one of my responsible enterprising students to weed eat at the property this summer. My question is about liability. I am assuming liability is lessened if you are paying that person to work at your property. Am I correct in this assumption? I do not think he is necessarily going to get hurt, just curious.

Your heart is in the right place, but rethink this. It will probably go ok, but if one of them gets hurt, you could be asking for trouble.
Hire a contractor with insurance and a good reputation, or do it yourself

 

[ericm979]

Check with your home insurance agent. You may already be covered for this.

 

[dirttoys]

Liability is liability.

The risk of serious injury will be dependent on the tasks you assign.

You are responsible for employee training; safe, aprorpriate tools and apparel, chemical exposure, hydration, bee stings, etc. Make sure your employee wears boots, long pants and sturdy gloves when weed whacking.

Liability is liability.

Review your homeowner's insurance policy for liability coverage.

I didn't think I would ever utter this phrase: If you know your agent, ask them, exposure varies on many factors including your policy and the state you live in.


Best,

ed

 

[Frankenkubota]

A liability policy might protect you from damages but it does not stop someone for sueing you ....can't spell sueing...public education. Then you pay to defend yourself!

I get the impression that there are PLENTY of lawyers that will take this type of case at NO UP FRONT COST TO YOU. PAY ONLY IF YOU WIN!

I wouldn't do it. Im even worried when licensed contractors work here and Im pretty sure a bunch of their employees are illegals. What then?

 

[plowhog]

Sounds like you have a good relationship with a responsible student. Who you hire for simple tasks on your property. The student gets work and money, and your workload is lessened. So far, win-win. Seems simple?

Then something happens. Maybe a twisted ankle. Or debris into an eye from a weed eater. Or being bitten by a venomous snake or spider. Or the gas catches fire topping off the weed eater. Who pays for medical attention, or possibly rehab afterward?

Then come the questions:
- Why did you hire a student for work more suited to an adult?
- Did you abuse the teacher/student relationship by pressuring the student to perform work for you?
- Why didn't you offer to hire the minority student instead?
- Did you provide proper training and safety gear?
- Did you cover the student with workmen's comp insurance (this is a big one ...)
- Did you do payroll with deductions or skirt the laws by paying cash?
- Are you willing to offer a settlement?

And the list goes on. Please understand these are not my questions nor ones I would hope would ever get asked. It's just the world we live in now. Bottom line: it's simply risky to hire unlicensed uninsured people to work on your property. And short of hiring licensed insured contractors there are no easy way to reduce those risks.

Unfortunately, the student who was initially appreciative to get work may also transform into an aggrieved, picked-on victim once all the hustlers get ahold of him or her after an injury. It's sometimes amazing how those turnarounds can take place.

Like you, I also had weeds get "out of control" on me in prior years. Now I purchase plenty of glyphosate to keep the weeds down. Not my favored approach, but I can do it myself ...

 

[plowhog]

I wouldn't do it. Im even worried when licensed contractors work here and Im pretty sure a bunch of their employees are illegals. What then?

Good observation.

Last summer I had a contractor dig some trenches for lawn sprinkler lines. I learned one of his "employees" had not been in the area very long, and was staying in a local homeless outreach shelter until he could get on his feet. I presume this contractor just hired day labor out of the homeless shelter, sort of like hiring the guys hanging around Home Depot. I wasn't comfortable with that as I'd probably get tangled into any resulting lawsuit over injury on my property.