Homeowner Liability for a Home Contractor’s Injury
Published on 29 August 2022, 07:22:56 AM
A home contractor injury on site can make a dent in your wallet and your home insurance policy.
Injuries happen. Slips, trips, and falls are an everyday occurrence. Here’s a dilemma for you: is a homeowner liable for a contractor’s injury?
Quick Read
Who’s responsible for a worker’s death or injury?
Five most common home contractor injuries
How to prevent home contractor injuries
What are a contractor’s responsibilities to an owner?
Can the contractor be held liable for losses or damages?
Is a Homeowner Liable for a Contractor’s Injury?
Your worst nightmare comes true — a home contractor injury on site gets you sued.
Surely a home contractor injury on site is the employers’ responsibility, you’d think. But wait a minute, who is a home contractor’s employer?
How to write an affidavit for Ontario courts if you get sued.
Who’s Responsible When a Worker is Injured or Dies
General contractors are employers when they hire subcontractors. Hiring your own trades can make you the “constructor” under section 23(1) of Ontario’s Occupational Health and Safety Act. Read the Act.
You could be responsible for not only supervising contractors’ work, but ensuring their health and safety. What’s more, home renovation contractors working alone may be exempt from Ontario Worker Safety Insurance Board (WSIB) regulations. WSIB’s no-fault workplace insurance coverage for employees doesn’t extend to independent contractor injuries.
Unlicensed contractors put you particularly at risk. Think twice before hiring a contractor who insists on being paid in cash, because you could be liable if they are injured or die working for you.
Your Occupier Duty of Care
Ontario’s Occupiers’ Liability Act gives homeowners an obligatory duty of care to prevent a home contractor injury on site by ensuring your home, land, and property like water, vehicles, or portable structures are safe.
Personal injury lawsuits hinge on proving you were negligent, and that resulted in contractor injuries or other harms. Successfully suing for a home contractor injury on site requires a legal claim to satisfy all four elements of negligence law:
- You had a duty of care.
- That duty was breached.
- The breach resulted in a home contractor injury on site or other damages.
- The breach resulted in the contractor injuries, or other damages.
Documents to give a personal injury lawyer for court.
5 Types of Home Contractor Injury On Site
Construction workers’ five most common injuries are:
- Slips, trips, and falls from loose debris, clutter, bad lighting, or other household hazards.
- Falls from heights, such as climbing on a roof without a safety harness or using a poorly maintained ladder.
- Falls from heights, such as climbing on a roof without a safety harness or using a poorly maintained ladder.
- Vehicle mishaps caused by poor visibility, distractions, or backing up without warning.
- Being struck by flying or falling objects while working under scaffolding or around loose materials like boards.
- Electrocution from electrical shock or arc flash from improperly grounded wires, unsafe equipment operation, or exposed electrical parts.
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Home Contractors’ Responsibilities to an Owner
Home contractors are responsible for ensuring a work site meets provincial health and safety standards and:
- obtaining building permits and licences
- following building bylaws and regulations
- meeting the Ontario Building Code
- and safekeeping subcontractors and visitors while on site.
Contractors’ Liability for Losses or Damages
Before approving any home construction or renovation, ask to see contractors’ and subcontractors’ commercial general liability insurance. Policies cost little to purchase, but protect against bodily injury or death. Depending on the circumstances, they can provide financial relief for injuries to third parties beyond the homeowner, their family, and trades.
Steps to Prevent a Home Contractor Injury On Site
Before you hire anyone:
- Ask to see their trades licence.
- Verify if they are registered in the Skilled Trades Ontario Public Register. Not all trades are registered. Check the list here.
- Ask electrical contractors for their Electrical Safety Authority/Electrical Contractor Registration Agency license number. Confirm their licence is valid.
- Get three or more references for past work.
- Request an insurance liability certificate showing they have commercial general liability insurance, or pay into WSIB.
- Ask your municipal building permits office about local licensing requirements. For example, Toronto requires building renovators to have a municipal license and signed contract with a homeowner.
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Why You Need a Real Estate Lawyer
Axess Law works with you when you refinance your mortgage to make home renovations, or buy a new build home for a builder or developer.
We take instructions from banks, credit unions, trust companies, or private lenders when you arrange a new mortgage. Axess Law’s licensed real estate lawyers witness your signature on legal documents your lender requires to finalize your mortgage transaction.
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How to deal with new home delays.
Construction delays can be annoying. Keep your new build home purchase on track by emailing your documents to Axess Law’s virtual real estate lawyer. We witness your signature online, and send you a copy for your records.
If your new home builder is taking far too long to deliver the home they promised you, you may be owed compensation or even have the right to cancel your contract. Axess Law goes over your contract to ensure that it covers contingencies that protect you as a new home buyer.
Revise agreements of purchase and sale after you sign.
Remove construction liens from home renovators who have a grievance about their bill. Axess Law searches title to your property to ensure it’s clear. We show you how to add family members to property title in Ontario, and can even draft a personal Will to include a legally married spouse or common law partner.
Make a property title transfer (Ontario).
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Access lawyers for less in the Greater Toronto Area, Ottawa, or anywhere in Ontario when you buy, sell, or transfer property. Axess Law’s flat fee real estate lawyers are affordable, and our rates are all inclusive (excluding taxes, disbursements, and third-party charges). Axess Law offers you only the legal services you absolutely need. Your final invoice includes no surprises or hidden charges. Your itemized statement of adjustments is explained when we deliver it, and we answer any questions you have about it.
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