What happens if a handyman gets hurt on your property?

When a handyman gets hurt on your property, determining liability can be complex and depends on several factors, such as the nature of the injury, the handyman’s employment status, and whether negligence played a role. Homeowners in Florida should understand their legal responsibilities and potential liabilities in these situations.

Keep reading for more from our skilled Florida premises liability lawyers.

Are you liable if a handyman gets hurt?

Under Florida law, homeowners may be held liable if their negligence contributed to the handyman’s injury. Liability is often determined based on Florida Statutes § 768.075, which addresses premises liability. To establish liability, the handyman must typically prove:

1. A dangerous condition existed on your property. For example, if a loose floorboard caused a fall.
2. You knew or should have known about the hazard. If the homeowner failed to repair or warn about a known danger.
3. The condition caused the handyman’s injury. The injury must be directly linked to the hazardous condition.

What if the handyman is an independent contractor?

Liability may shift if the handyman is an independent contractor rather than your employee. Generally, independent contractors are responsible for their own safety while performing work. However, exceptions exist:

• Unreasonably dangerous conditions: If the injury resulted from an unreasonably hazardous condition on your property, you could still be held liable.
• Control over the work environment: If you directly supervise or control the handyman’s activities and your instructions lead to the injury, you may share responsibility.

What about workers’ compensation?

In Florida, workers’ compensation laws generally apply to employers with four or more employees. However, if the handyman is uninsured and considered your employee under Florida Statutes § 440.02, you may be required to provide compensation for medical expenses and lost wages. This scenario often arises when a homeowner hires a handyman for long-term or recurring work.

Steps to take if a handyman gets hurt on your property

1. Seek immediate medical attention: Ensure the handyman receives proper care to address their injuries.
2. Document the incident: Take photos of the scene, note any hazards, and collect witness statements if possible.
3. Report the injury: Notify your homeowner’s insurance provider promptly to determine coverage options.
4. Consult an attorney: If liability is unclear or the handyman decides to file a claim, seek legal counsel to protect your rights.

How Lytal, Reiter, Smith, Ivey & Fronrath can help

Navigating liability laws can be daunting if a handyman gets hurt on your property. The experienced attorneys at Lytal, Reiter, Smith, Ivey & Fronrath can evaluate the circumstances of the injury, determine liability, and help protect your legal and financial interests.

Contact us today

Don’t face legal uncertainty alone. If you’re dealing with a handyman injury claim, contact Lytal, Reiter, Smith, Ivey & Fronrath for a free consultation. Call us at (561) 655-1990 to discuss your situation and get legal guidance and support.