Can a subcontractor sue general contractor for injuries from slip and fall accident on jobsite NY state
Queensbury, NY
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Posted about 1 year ago in Slip and Fall Accident
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Subcontractor suing contractor for slip and fall:
My brother is a contractor, who had a subcontractor doing some work on one of his jobs. The subcontractor slipped on some ice on the job, broke his ankle, and is now (1 yr later) trying to sue my brother for damages.
My brother was going to 1099 the subcontractor, but he didn't get his ss# and other info before he fell. The subcontractor worked and was paid for 2 weeks before he fell. The subcontractor tried to sue the homeowner and file an insurance claim with the homeowners insurance, but was not successful. Does the subcontractor have a case against my brother? - Is this your question? Add additional information Answers (3)David C. Feinartz
This attorney is licensed in Illinois.
Posted about 1 year ago.
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He should contact a workers comp attorney in the county where he has his business. There are all kind of questions such as who controlled the work of the sub and where he fell. There is a potential problem that needs to be addressed before it gets out of hand.
Vincent Thomas Pallaci
This attorney is licensed in New York.
Posted 10 months ago.
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If the "subcontractor" was really an employee, then he probably cannot sue your brother due to the Worker's Compensation law. If he was actually a subcontractor, he may be able to sue your brother since your brother was the general contractor and the New York Labor Law makes general contractors strictly liable in certain instances where injuries occur on job sites. If your brother has not already done so, he should put his commercial general liability insurance carrier on notice of the claim and immediately contact an attorney. Only a detailed analysis of your brother's specific situation can determine whether he has any liability and, for that reason, you really need to speak direclty to an attorney.
Kenneth G. Varley
This attorney is licensed in New York.
Posted 9 months ago.
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Has the subcontractor started an action against your brother. If he has it sounds like it should be covered under your brother's general liability insurance policy.
Assuming that the subcontractor was an independent contractor and not an employee of your brother he could potentially bring an action against your brother. However he would have to show that somehow your brother was responsible for the condition which caused his fall. There is really not enough information here to determine if your brother could be potentially liable for ice at the work site. He could be liable for failing to provide a safe work site but that would depend on whether he knew or should have known about the ice condition which caused the fall. |