intoxicated worker falls and is injured on our property
We hired painting contractor who unbeknownst to us was not liscensed/bonded-one of his workers fell UP a ladder;ladder did not fall,was new-no water at area-worker had been told not to get on ladders by the contractor & injured worker's wife(this worker is on disability from a previous fall something we were not aware of)Took him to hospital-he suffered a head injury,fractured rib,collar bone.Was informed by the wife that man is alcoholic/drug-addict-she asked if we thought he had been drunk-worker tested positive for both opioids and amphetamines day of accident-wife said he's on ''lots of strong medications''-might have prescriptions for opioids/amphetamines?!Our homeowners is taking care of the medical bills-today wife called wanting our agent's name so she could get $ to help her take care of ''Bob''-now concerned will try to sue for pain etc-feel since he was ''under the influence'' and records prove this,plus he had been instructed numerous times by different people to stay off ladders,that we are legally not responsible for his injury-in fact,would he be considered negligent himself since he was ''using'' and still working ? Thanking you in advance for any and all replies----
1 Answer from Attorneys
Re: intoxicated worker falls and is injured on our property
This is a situtation you are right in being concerned about. There are a lot of factors that go into determining who is responsible in a matter like this. I can't give you a yes or no answer without all the details and the answer to some questions. Even then, these cases often come down to credibility.
I would be glad to talk to you in more detail, if you would like to discuss this further. I offer a free initial consultation.