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Help Re: liability insurance

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zhuzhu

Ideal_Rock
Joined
Mar 15, 2006
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2,503
Hey All,

A friend of ours would like to paint our house as to make extra money in this tough economic time. He is an experienced painter but does not have license or insurance. We would not mind having him do the paint job but need to know the legal ramification of it. If I have him sign a liability waiver, would we still be hold accountable if he has accidentally fallen and hurt himself during the paint job? Thanks!
 

packrat

Super_Ideal_Rock
Joined
Dec 12, 2008
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10,615
I''d call your insurance agent-they can go over what''s covered on your homeowners policy. I''m not sure about signing a waiver, how that would work. If it''s something he''s planning on doing more of, he really should think about getting himself some insurance as well. Better safe than sorry.
 

Beacon

Ideal_Rock
Joined
Jul 14, 2006
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2,037
The answer varies by state law. There is workman''s comp insurance, which is what you want the painter to have. Your general liablity coverage may not cover him if he has an accident as part of a professional contract with you. Signing a waiver probably will not work.
 

zhuzhu

Ideal_Rock
Joined
Mar 15, 2006
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2,503
I live in CA.
There is not going to be a "professional contract", but rather a private agreement of service for a fee.
 

movie zombie

Super_Ideal_Rock
Joined
Jan 20, 2005
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11,879
no matter what you call it, its an exchange of $ for a service/job and as such is a contract. you could write in that he would be responsible for his own injuries if hurt on your property; however, i remember reading somewhere that these types of signed statements can still be challenged successfully. i''m not an attorney but i do live in california.

anyone hurt on your property is probably covered so call your insurance agent and be entirely truthful. then get what that agent says in writing because you may have to hold him/her accountable.

mz
 

YMA

Shiny_Rock
Joined
Apr 20, 2005
Messages
171
Zhu,

If the painter falls and injures him/herself they can sue you for workers compensation!

Signing a waiver will not work!

I am a licensed insurance agent in IL, and I had a customer who hired someone to paint thier house and the person fell and broke his neck the painter sued and got $500,000 in liability coverage from the homeowners policy.

Hire a insured, licensed, and if possible bonded contractor, and ask to be listed on the certificate of insurance as additional insured.

Thanks,
 
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