- April 21, 2025
- Tucker Law
- Premises Accidents
Property owners may invite a variety of workers into their homes, from professionals who inspect and maintain vital systems like HVAC and plumbing to construction workers tasked with home renovations. Before you contract for work, however, you need to understand property owner liability in NY — specifically, are you liable for damages if a worker is injured in your home?
In some cases, businesses have insurance coverage for such incidents, but there are instances where you could be deemed liable for costs. When an accident occurs, you should contact the experienced professionals at Tucker Lawyers PC to understand your liability and take steps to protect yourself.
With years of experience in personal injury law in New York, Tucker Lawyers PC offers trusted legal guidance and representation when accidents occur.
Different Types of Liability
Understanding New York Property Owner Liability
Even if you prioritize safety and behave responsibly as a homeowner, accidents can happen. When slip and fall or construction accidents occur, workers on your property may seek compensation. In what instances could you be held liable, and what options do you have to protect yourself from personal liability?
Premises Liability
When you own a property, you have a duty to maintain it for the safety of inhabitants and guests. Failing to do so could create conditions for premises liability accidents that leave you holding the bag for damages.
If you know about a hazard, you must repair it to avoid posing a danger to others on your property, or if you are in the process of addressing the issue, you must warn visitors to your property. There could be hazards you aren’t aware of and couldn’t reasonably be expected to know about; in such cases, you may not be held liable in the event of injury. However, if you should have reasonably known about a hazard and failed to repair it or warn of danger, you could face injured worker property liability in NY.
Controlled Work
Liability in an accident that occurs on your property could come down to who is in control of the situation. If you’re having repairs or renovations done on your property, it’s best to let the contractor control the job. As a homeowner, you can certainly describe the work you want to have performed. However, if you want to minimize NY property owner liability, you must let the contractor provide tools for workers and direct their work.
Hiring Licensed, Insured, Bonded Contractors
New York State does not require licensing for general contractors, but several jurisdictions, including New York City, Nassau, and Suffolk, do require these professionals to hold licenses. Licensed contractors are typically liable for their employees and subcontractors, as long as you warn them of hazards and steer clear of controlling the project.
Before a project begins, you should check to make sure the contractor is licensed and ask for proof of insurance (such as general liability and workers’ compensation) and bonding. This will ensure your protection not only if workers suffer common construction site injuries but also in the event that a contractor defaults or otherwise fails to fulfill contractual obligations.
Are you in a dispute over liability following a worker injury on your property? Contact Tucker Lawyers PC today at (516) 399-2364 to schedule a free case review and learn more about your legal options.
Potential Damages in Liability Cases
As a homeowner who has never experienced a worker accident on your property, you might not be overly concerned about injured worker property liability in New York, but you should be. An accident can happen at any time, and if you’re not proactive about checking licenses and insurance and taking precautions to repair or warn of hazards, you could find yourself on the hook for a variety of damages. You might be responsible for economic damages like:
- Medical bills
- Rehabilitation or home/personal care
- Lost wages and diminished earning potential
- Other out-of-pocket expenses.
Depending on the severity of the accident and other relevant factors, you may also be held liable for non-economic damages like pain and suffering, permanent disfigurement or disability, and loss of quality of life.
Homeowners Insurance in Liability Cases
Are You Personally Liable for Damages That Insurance Doesn’t Cover?
Homeowners insurance is designed to protect you from a variety of losses. It covers the structure of your dwelling in the event of damage, and it may cover personal property inside your home. Typically, such policies also cover you in the event of liability, like injuries occurring on your property.
If you are subject to property owner liability in New York related to an injured worker, your homeowners’ policy is your first recourse to cover the damages. However, you must understand your policy, including what is covered and any actions that may cause you to void that coverage.
The Importance of Hiring a Qualified Lawyer
No one wants to be held personally liable in the event of an accident and injuries occurring on their property. This is why you pay for homeowners insurance and take care to hire contractors who are properly licensed, insured, and bonded.
However, circumstances may work against you, especially if you inadvertently act in ways that make you partially or fully liable. This is where hiring a trusted and experienced law firm like Tucker Lawyers PC can help. With a proven track record of positive results for clients in cases like yours, you can fight to protect your interests in a liability case.
Find Out What Tucker Lawyers PC Can Do for You
Most homeowners take excellent care of their property, conducting annual maintenance and completing repairs as needed. Even if you’re careful, though, workers on your property could be injured. When you take steps to protect yourself against NY injured worker property liability, you can fight claims against you. The reputable and reliable attorneys at Tucker Lawyers PC are here to help.
Are you facing a liability claim that you feel is unfounded? Contact the knowledgeable and experienced attorneys at Tucker Lawyers PC now at (516) 399-2364 to schedule a free consultation and discuss your case.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]