Homeowners in California who wonder where the blame would lie if a worker was injured on their property should consider the following guidelines. Premises liability law first of all distinguishes between licensees and invitees and outlines the duties that property owners have to each one.
Licensees are social guests, such as friends who come over for a bit of socializing. Homeowners cannot willfully injure licensees or leave them ignorant of certain hazards, including slip, trip and fall risks. The law against willfully harming an entrant even applies to trespassers, who have no right to be on the property.
Invitees include those hired by a homeowner to do work in or around the property. Compared to licensees, the duties to invitees are even greater. Homeowners must provide a safe place for work; warn them of any dangers, including unsafe conditions; and never willfully injure them.
If invitees harm themselves because they do something without the homeowner’s advice or once they are out of the homeowner’s sight, the homeowner is not responsible. All the same, if a job requires five or more workers, it’s advisable to find only insured workers.
As the person who gets injured, they may want to consult with a lawyer to see if they can file a premises liability claim. The lawyer can determine what the property owner’s duty of care was and estimate a fair amount for a settlement.
Personal injury lawyers usually have a network of third parties who can investigate accidents; gather the proof against the property owner, including the incident report if one was filed; and measure the extent of the injuries. Lawyers can negotiate for a settlement out of court, and if one cannot be agreed upon, they can prepare the case for a trial.