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

UPDATED: Nov 7, 2014

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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