Legal Question in Personal Injury in California

Injury on residence

I hired a painter to paint the trim on the house I rent. He brought a worker who cut his eye with his sander. He was taken away by an ambulance. The paramedics took a report and said that his sander was faulty. He is now sueing for damages. What do you advise.


Asked on 6/08/05, 9:14 am

5 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Injury on residence

You must answer the summons. If the sander was faulty, then join the distribution chain in strict liability. Call me directly at (619) 222-3504.

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Answered on 6/09/05, 10:28 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Injury on residence

Submit the matter to your liability insurance company. If for some reason you are uninsured, you'll have to hire a lawyer to defend the case. If you don't you'll lose by default.

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Answered on 6/08/05, 10:39 am
Terry A. Nelson Nelson & Lawless

Re: Injury on residence

Turn it over to your insurance carrier. If you don't have insurance, hire an attorney. Contact me if interested in doing so.

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Answered on 6/08/05, 2:25 pm
David Lupoff Law Offices of David B. Lupoff

Re: Injury on residence

If the guy you hired has workers' compensation insurance for his workers, then this case will probably be resolved by workers’ comp carrier. However, the chances are that he doesn't have comp insurance. Therefore, the injured worker will look to your landlord's homeowner’s policy for compensation. If the homeowner is not insured, or your landlord’s homeowner’s policy does not cover workers' compensation, then the homeowner should hire an attorney. Please keep in mind a couple of items. First, you may have some liability for the injured worker (Your situation must be researched for an accurate answer since you are merely a tenant.). This is in fact a complex workers’ compensation/insurance coverage matter. At the end of the day, a workers’ compensation defense attorney will be assigned to handle this matter either by the homeowner’s insurance company, the homeowner or you. Should you be responsible in the end, please feel free to give me a call. I practice both personal injury and workers’ compensation law.

818.943.0462

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Answered on 6/08/05, 3:09 pm
David Lupoff Law Offices of David B. Lupoff

Re: Injury on residence

After a second read, the injured worker may have a very serious product liability case if the sander was in fact faulty. Just a thought

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Answered on 6/08/05, 3:46 pm


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