What is my legal and financial responsibility for injuries, if any, for hiring adult student for house work?

Question

In response to my WANTED advertisement to hiring someone to trim my cedar hedge in my garden, a person saying that he is a 4th yr univeristy student would like to perform the service for $10 an hour.

He may perform the service tomorrow or next week. As he needs to climb up a ladder to trim the cedar hedge, I want to know if he unfortunately falls down from from MY ladder and hurts himself or hurts himself with my electric hedge trimmer, what is my legal and financial responsibility for his injuries?

OR, should I ask him to sign a waiver for injuries?

OR, is his injuries covered under my house insurance policy?

THANKS.

Answer 1

The people who answered above are correct.  (That is always the case for those two.)

If you are attempting to save money, why not go skydiving with a cheap parachute?

If you attempting to help a person get some money, there are three ways:  

One)  Do what you plan to do.

Two)  Let him get crippled or maimed by accident so you can give him your money and your home.

Three)  Let him see you walking alone at night, jump out with a gun, and then you can help him with the money.

There are horror stories about nice people getting burned.  

One of the last I heard was a woman who loaned a relative some money to buy a car.  There was an accident.  She had no connection except the loan.  She lost $950,000.  That, incidentally, was all she had.  

This is not the way to save money.

My clients or prospects are advised to protect their assets first.  It is not difficult to protect yourself.  But you can always put it off.   The lady I mentioned above waited.

Open an old phone book.  Call people who understand asset protection.   If the number is disconnected, you do not need their advice.

Fair enough?

Answer 2

That waiver won't hold up in court.  

The student part is irrelevant.

And regarding your responsibilities, it's going to vary by state - you REALLY need to ask your homeowners insurance agent what the policy, in that state, picks up.

Normally, you're responsible for all medical bills and lost wages - workers comp type benefits - even if you don't have workers comp.  God forbid the kid bleeds out on your lawn, you're responsible for workers comp death benefits - whatever they are in your state.  

If he gets hurt falling off your ladder - or his - he'll sue you, and win.  Will your homeowners pay out?  I have no idea - it's going to depend on how the policy is written, and your state laws.

But if it doesn't, YOU write the check.

Answer 3

The answer may vary depending on which country and state you live in.

But, here's some general guidance:

- a waiver signed in advance is usually not enforceable.  They're against "public policy".  But, sometimes they have an "in terrorem" effect - that is, if the signer doesn't know they are not valid, it may prevent them from filing suit because they don't know that the waiver is invalid.  So, bottom line - they don't really hurt and they "might" help so go ahead and ask him to sign it.  (Make sure it includes language where he acknowledges that he understands the risks, that he voluntarily assumes those risks, that he will be careful, etc.)

- his injuries probably would be covered under your policy, but you probably have a deductible of some amount (that wouldn't be covered) and a claim could cause your rates to go up in the future.

- the best thing is to insist that he have his own insurance, but that's unlikely - especially if he's only charging you $10 per hour.