Sue the seller? - InspectionNews

Jeff Eastman · #1 (**permalink**) 05-02-2007, 02:44 PM

...............

Jerry Peck · #2 (**permalink**) 05-02-2007, 02:51 PM

Quote:

Originally Posted by Jeff Eastman

There was many bonehead safety items in the house I inspected today....my mind got to thinking.....could an inspector (or contractor) sue the seller if we were injured on the job due to their neglicence them not properly maintaining/repair THEIR systems and we get hurt? Maybe better phrased, would we have a valid case?

Hmmmm......

Yes, you are considered an 'invited guest' in their home. Their homeowners insurance covers you if you fall (actually, their homeowners insurance covers THEM against you falling, should you get hurt and sue them or try to collect medical payments). In the end, though, it's about the same thing.

Rick Hurst · #3 (**permalink**) 05-02-2007, 03:03 PM

Jerry,

I've always heard different stories on this matter, but don't know for sure.

It was brought up one time at a seminar and the attorney said because we were there at the home for "hire", that the homeowners insurance would not have to pay out.

It would be interesting to know for sure.

Jim Luttrall · #4 (**permalink**) 05-02-2007, 03:29 PM

It would likely be a long drawn out affair to collect from the seller or their insurance even if you could prove they were at fault. It is best to carry your own insurance that will pay and let them decide and go after another party if needed, that is what they do best (avoid paying out of their own pocket).
Make sure your own health coverage will cover you "on the job", many don't. I could get cheaper health insurance through my wifes employer, but if I fall off a roof on the job, they won't pay. And keep disability insurance.
Jim

Jerry Peck · #5 (**permalink**) 05-02-2007, 04:04 PM

Quote:

Originally Posted by Rick Hurst

Jerry,

I've always heard different stories on this matter, but don't know for sure.

It was brought up one time at a seminar and the attorney said because we were there at the home for "hire", that the homeowners in-surance would not have to pay out.

It would be interesting to know for sure.

I can't speak for Texas or elsewhere, but in Florida, even if you "hire" some to do work on your house and they do not have workers compensation, your homeowners innsurance will be paying for that person should they become injured. Even the lawn guy doing your lawn.

That's one reason why, at least in Florida, you are told time and again to make sure your contractor (especially those small companies) has workers compensation innsurance ... that guy who got up on the roof to 'pressure clean it' and fell ... he's covered under your homeowners policy.

Rick Cantrell · #6 (**permalink**) 05-02-2007, 04:45 PM

If you hire someone to work at your house and they are injured, and they have WC, then WC will pay medical, lost wages, rehabilitation, and disability.

If they do not have WC then you (your home owners insurance) must pay.

If you did not hire them but you invited them, you (your insurance) pay.

If it was a stranger that knocked on your door asking for directions you (your home owners insurance) would pay.

On all the above the insurance would pay for: medical expenses, lost income, rehabilitation, and disability.
Now if you were somehow at fault, weather hired, invited, or stranger, then the injured party can also sue for negligence, and/or punitive damages, which WC does not pay, and your home owners ins should.

WC will pay BEFORE you or your home owners ins does, since WC pays for medical, ... the injured party has no reason to sue you, unless you were somehow at fault.

WC laws vary somewhat from state, but this is what you can expect most of the time.

wayne soper · #7 (**permalink**) 05-02-2007, 07:34 PM

That's where the conduit in the ground came from. The owner of an insurance company hired a bunch of non english speaking illegal aliens to do some gardening and one of them happened to stick his shovel into a live wire in the ground.
They now own his home, his business, and most of Texas or so i've heard.

Tim Moreira · #8 (**permalink**) 05-02-2007, 08:10 PM

Quote:

Originally Posted by Rick Cantrell

If you did not hire them but you invited them, you (your insurance) pay.

If it was a stranger that knocked on your door asking for directions you (your home owners insurance) would pay.

I had a 5 yr old kid from the neighborhood come and wanted to cut my lawn for 10 bucks to raise money a few years back. The hair on the back of my neck stood up when I saw him pushing his parents lawn mower up my drive way. I told him no thanks as I already had a lawn service. I was going to just give the kid the ten bucks, but then thought he might get the idea to keep coming back.

Anyhow, I could just see the liability there when the kid cut his foot off on my property. No thanks. I also felt like asking where he lived so I could talk to his parents about it. Don't know if they knew he was doing that or not. Decided not to get involved. In today's screwy world some parents would have told you to mind your f*****g business.

I asked my attorney who was handling my mother's estate about that one day while I was in his office. He said that the big difference is if the kid was "invited" or not. He didn't elaborate further and at what he was charging me an hour for the probate stuff I wasn't wanting him to give me a long winded explanation either.