roofer has no injury insurance – I need a document for him to sign for my protection

Get Legal Help Today

 Secured with SHA-256 Encryption

roofer has no injury insurance – I need a document for him to sign for my protection

My roofer has no insurance in case of injury. Can I get a document for
him to sign to protect me if he or his helper gets hurt?

Asked on September 18, 2017 under Personal Injury, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You would need *each* person to waive, or give up, their right to sue you if they are injured on the job--that is, the roofer cannot give up rights on behalf of his workers, so each worker would have to sign. The agreement would state that as consideration for being able to work on your roof, the signatory gives up his right to sue you for any injuries arising out of working on your roof. But that will still only protect you from the "normal" risks of roofing--e.g. of tripping/slipping and falling off  the roof. It will not protect you if there is some dangerous condition on your property, since homeowners have the legal obligation to protect visitors from such conditions--so if there is, say, a weak patch of roof that cracks under someone's foot and causes a fall, because the fall was caused not by the inherent nature of roofing but by a condition on your property, you could potentially be liable despite the waiver. And the waiver will not protect you from bring sued if the roofer drops a shingle or 2-by-4 on a passer-by's head, or through the windshield of someone's car: the person who is hurt or who's property is damaged may try suing you instead of or in addition to the roofer.
And what if the roofer damages your home--if he has no insurance, how would you recover compensation from him, if, say, he goes out of business or is insolvent?
You really should not hire contractors who lack insurance.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption