Hired Labor Liability

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dcara

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Curious as to what the liability of a property owner is if a worker gets hurt while working on the property? Is the liability different for the following cases:

1) Paid to do fence work, or other maintenance
2) Paid by job (contract labor) to do fence work or other maintenance
3) Paid hourly labor to do hay work using owners equipment
4) Contract hay work using contractors own equipment
5) Same question as 3 and 4 but for property improvements such as land clearing or pond digging
 

grannysoo

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dcara":2s13wzml said:
Curious as to what the liability of a property owner is if a worker gets hurt while working on the property? Is the liability different for the following cases:

1) Paid to do fence work, or other maintenance
You will be liable
2) Paid by job (contract labor) to do fence work or other maintenance
You are probably not liable, provided that it was not caused by a known hazard on your property.
3) Paid hourly labor to do hay work using owners equipment
You will be liable
4) Contract hay work using contractors own equipment
Same as question 2
5) Same question as 3 and 4 but for property improvements such as land clearing or pond digging.
Same answers as above

We have a rider on our farm insurance plan that covers casual farm labor. If you have 3 or more employees, you're probably subject to workers comp requirements. If you're concerned about liability, use contract (bid) labor using their equipment. You might also want to verify that they have insurance to be safe.
 

talldog

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grannysoo":1ldjjdvz said:
dcara":1ldjjdvz said:
Curious as to what the liability of a property owner is if a worker gets hurt while working on the property? Is the liability different for the following cases:

1) Paid to do fence work, or other maintenance
You will be liable
2) Paid by job (contract labor) to do fence work or other maintenance
You are probably not liable, provided that it was not caused by a known hazard on your property.
3) Paid hourly labor to do hay work using owners equipment
You will be liable
4) Contract hay work using contractors own equipment
Same as question 2
5) Same question as 3 and 4 but for property improvements such as land clearing or pond digging.
Same answers as above

We have a rider on our farm insurance plan that covers casual farm labor. If you have 3 or more employees, you're probably subject to workers comp requirements. If you're concerned about liability, use contract (bid) labor using their equipment. You might also want to verify that they have insurance to be safe.
Great Advice !! :tiphat:
 

grubbie

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Could it be as simple as drafting a waiver of liability for someone to sign before starting the job?
 

Jogeephus

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You can sue anyone for anything. Paper will help but it really depends on how hungry a lawyer is and what he thinks he can get. Whether you use contract labor or bids a lawyer is going to do a shotgun approach and sue everyone with hopes of bringing someone down. Best thing to do is have liabilitity insurance on your place and don't worry about it - just don't be stupid.
 

msscamp

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grubbie":1c2pmyue said:
Could it be as simple as drafting a waiver of liability for someone to sign before starting the job?

I don't think so. The fact that they had to sign a waiver prior to starting the job will probably render it useless simply because it was signed under duress.
 

novatech

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You can be held liable for anyone being hurt on you property. Liability insurance does not usually cover employees. Liability is more for if your cows get out and a car hits them, or a guest trips and breaks a leg. You may check your home owners policy, sometimes there can be an extension that covers casual labor.
On some of the properties I lease I am required to show proof of insurance, both liability and Workman's comp.
At what lawyers charge I believe I would be calling my insurance agent first.
 
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dcara

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Checked with my agent and he explained the personnel part as a negligence or representation issue. Given that everybody has the right to sue over anything, the issue is how likely are they are to win in court. If the insurance co believed the accident or injury was found to be caused by my negligence (such as poorly maintained equipment resulting in harm to someone) then they would settle out of court up to 500k. If they beleived it was not due any negligence on my part then they would represent me in court. Additionally I have a few thousand coverage for incidental immediate medical needs of laborers hurt on my property while working.

Regarding loose cattle, he said Texas is an open range state and if someone hits an animal on a county rd it is their fault. My animal is covered if they don't have insurance. But if it happens on a state hiway then its the owners fault and I'm covered.
 

S&WSigma40VEShooter

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dcara":3nm2y3rl said:
Checked with my agent and he explained the personnel part as a negligence or representation issue. Given that everybody has the right to sue over anything, the issue is how likely are they are to win in court. If the insurance co believed the accident or injury was found to be caused by my negligence (such as poorly maintained equipment resulting in harm to someone) then they would settle out of court up to 500k. If they beleived it was not due any negligence on my part then they would represent me in court. Additionally I have a few thousand coverage for incidental immediate medical needs of laborers hurt on my property while working.

Regarding loose cattle, he said Texas is an open range state and if someone hits an animal on a county rd it is their fault. My animal is covered if they don't have insurance. But if it happens on a state hiway then its the owners fault and I'm covered.


Seeing as how insurance companies rob you blind and dont pay out when they say they are going to I would be greatly concerned about the dumb butts representing me in court.
 

ToddFarmsInc

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I have Farm Bureau. They pay medical treatments for farm injury. We have filed several different claims in the past, debres in eye, cut to get stitched up, etc. Have never had a claim turned down. That coverage covers both us and farm employees.

I liability umbrella is pretty huge. It's not a whole lot in premiums (about 5 grand a year) and I really do sleep well at night with it. :santa:
 

Brute 23

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dcara":dnfcuv8p said:
Regarding loose cattle, he said Texas is an open range state and if someone hits an animal on a county rd it is their fault. My animal is covered if they don't have insurance. But if it happens on a state hiway then its the owners fault and I'm covered.


Might check on that. I don't think Texas is free range any more. There were some changes here recently about what marks off property.
 
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