Who’s responsible for an on the job injury?

UPDATED: Sep 30, 2022

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Who’s responsible for an on the job injury?

I was contracted by a company to go out and do a vacancy check on a bank on

property and the condition of the house. While there taking photos to submit to the lady, which inturn checks the photos I would send her and then turn them into the bank which is her client. She is the one responsible for the inspections to get done so she hires people as

Asked on October 3, 2016 under Personal Injury, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your employer is not liable for this sort of on the job injury, because she was in no way at fault in causing it; your employer is not your insurer and does not have to pay for injuries she had nothing to do with.
The owner of the property--the bank--*may* be liable because they have the responsibility to maintain the property, but only IF they knew or reasonably should have known that the gate was hazardous (for example, someone had previously warned them about the gate), but there is a substantial chance that this was not the case; that is, because they are apparently a bank which took over property (e.g. foreclosed), not a homeowner who lived there, they most likely had no basis or reason to know of a problem with the gate. If they did not know, then they did nothing wrong in not fixing or securing the gate and, not being at fault, would not be liable.
Unfortunately, this may be a case where is no one else who is liable, because there is no other party who was negligent, careless, or otherwise at fault. When there is no one at fault, there is no one to hold liable or seek compensation from.

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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