What to do about a lawsuit filed by a contractor who worked on my property?

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What to do about a lawsuit filed by a contractor who worked on my property?

I hired a contractor to remove and replace my concrete driveway. Unfortunately, I paid the contractor upfront and after pulling out the existing driveway, he delayed pouring the concrete – 1.5 months, then only partially completing the job. The work was substandard at best. I terminated the contract and then filed a suit in small claims court to recover a reasonable share of the funds paid. His countersuit claims that I am to blame for physical injuries sustained during the work. I observed him performing most of the work the day of the alledged injury but observed nothing wrong. The worksite was “safe”. He claimed to have insurance. How am I liable ?

Asked on November 7, 2014 under Personal Injury, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Even assuming that he is telling the truth and can prove it about the injury, you would only be liable if you were at fault in his injuries--e.g. if you knocked him over, left out something he tripped on, hit him with your car, dropped something on him, gave him faulty tools to use which caused him to be injured, or if he tripped, fell, etc. on dangerous stairs, etc. which you did not maintain properly. If you did not cause or contribute to the injury (even if the injury is real), you woudl not be liable; homeowners do not insure their guests and contractors, but are only liable to the extent they are at fault.


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