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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