If I am a contractor that is set up as a LLC, what is my liability if a subcontractor was injured on the job?

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If I am a contractor that is set up as a LLC, what is my liability if a subcontractor was injured on the job?

I was contracted by a homeowner to paint there house. I used one of my subcontractors to do the labor. In the process he fell of of his ladder and was injured . I recently was contacted by a attorney and was asked to fill out documents explaining what happened. Should I seek legal counsel? Could the subcontractor sue my company?

Asked on May 15, 2014 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The subcontractor could sue your company if there is reason to think--or he at least believes, and believes he can show--that his injury was due to some carelessness or  negligence on your part, such as having a faulty ladder or not setting up the ladder properly; having him do something inherently dangerous or unsafe without providing proper safety equipment; etc. If your company is an LLC, you should personally be protected from liability, but the company could be vulnerble. And yes, you should retain legal counsel to help you, since the fact he has an attorney means he's at least thinking of legal action.


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