Landlord's Vs Liability

[Farruq S.]

Does the landlord needs to protect themselves from any potential liability from handymen? Unlike the contractors, the handyman may or may not carry insurance and therefore, in case of any injury at the work site, can the handyman sue the owner? Should we check their insurance before hiring? What do most landlord's do to protect themselves? Thank you.

[Michael Boyer]

Second all of the above, and landlords should also be sure (as some allude) that you structure the relationship as an independent contractor/client relationship (and NOT in any way an employer/employee, which can be problematic as you can be liable for an employees actions)... You can check your state's guidelines for this (though they may be in case law, or even changing or nuances with new cases, so checking with a legal professional can be prudent)... Look for terms like vicarious liability or respondiat superior (i.e. when you can be liable for the actions of those who work for you, like employees)...

But the general idea is that you don't control an independent contractor (especially the means, though you can specify the ends). This is a key way they differ from employee (and why you hire them--they know what to do and how to do it).. More on independent contractors...They generally have their own tools/equipment. They are generally used/paid on a job or task basis and not supervised by you... So the relationship is key (even if you call it an independent contractor situation--but you pay the hourly and they show up everyday and you supervise them--you may find they are are considered an employee if they run over someone)...There are more guidelines and they vary by state but follow a general theme.. Also, there are some similar distinctions for both the tax and liability context, but focus on your state's independent contractor versus employee guidelines for the liability context for this prompt. Best of luck....