Who is responsible for a subcontractor that has general liability insurance but gets injured at a client’s home?

Would it be the business owner who hired the subcontractor, the subcontractor, or the client? Who is responsible if the subcontractor damages the client’s property?

Asked on April 10, 2015 under Personal Injury, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Subcontractor injury: the homeowner would be liable only if he/she caused the injury in some way, such as by having some inobvious unsafe condition in the house (e.g. a loose stair or railing) which caued the injury. The contractor would be liable only if he/she caused the injury, such as by giving the subcontractor faulty equipment or unsafe instructions. If neither the homeowner nor the contractor is at fault, the subcontract would have to bear the cost of his/her injury.

Property damage: The homeowner could hold either the subcontractor, who caused the damage, or the contractor, who hired and is responsible for the subcontractor, liable property damage.


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