Gardener can cut his toe and sue you. Surprised it doesn't happen often. (insurance, home)

[noooooob]

If your gardener chops his toe off in the lawn mower, he can sue you.

Many people in california hire gardeners who don't have workers compensation, including me.
I pay a measly $70 per month for service. If he wanted, he could sue me easily for tens of thousands.

Homeowners bear all the risk. I'm surprised gardeners don't scam homeowners more often. It's really hard to find reviews on gardeners too, so no one knows if they scammed others before.

[Bulldogdad]

Umbrella, ella, ella, eh, eh, eh.......

[Tulemutt]

Don't own a house. Problem solved.

I know this works because I have never been sued by a gardener.
Now you can turn out that light and go to sleep. Worries over.

[Ruth4Truth]

If a thief breaks into your house, attempts to burgle your place, but runs away when you intervene, and jumps over a section of old fence that falls down so he trashes a knee or breaks an arm, he can sue you for maintaining a hazard on your property.

[NinaN]

Originally Posted by Bulldogdad

Umbrella, ella, ella, eh, eh, eh.......

Yep.

Or only hire insured contractors and be prepared to pay extra. Or spend the money on the

UMBRELLA

[1AngryTaxPayer]

Is your guy using legal workers, licensed and bonded?

[BuffaloSpringfield]

Of course we all recommend an Umbrella policy if you have the financial resources. And the assets to lose in a lawsuit.

Of course, get proof of insurance and a copy of the declarations sheet from any contractor you hire. And check the coverage with the company to make sure it is still in force. That last recommendation is key.

But the typical middle class homeowner is well served by a standard ISO Homeowner's policy. Which generally includes liability coverage starting at 100k (you can pay for more). And homeowners policies include workers compensation coverage as well. So the insurance company will apply various tests to see if the gardener is in fact a residential employee (most typically a live in maid) or an independent contractor. You might be surprised, but in some cases it might be better for the gardener to be an employee, as workers comp sharply limits any recovery, even as it is no fault.

As to the facts of a gardener cutting his toe, if he did it on his own mower while mowing your yard, I'm for denying the claim most likely. Absent any specifics that would indicate some comparative negligence on the part of the homeowner. Which isn't very likely if he was just walking a straight line mowing and stuck his own foot under his mower. Unless you have another theory of negligence to discuss.

Anyone has a right to make a claim though, and file a lawsuit.

Ruth, a anyone can sue for anything. But I'm for denying that fence jumping burglar also. The adult burglar takes his own chances. Might depend on the actual status of the fence though. Was the homeonwner on notice that it was a hazard? Or should the reasonable homeowner person known it was a hazard? If the burglar broke the fence down under his own weight, in his escape attempt, I'd deny it.

But in the case of a kid hopping a fence and drowning in your pool, prepare to pay most likely. It's why you see fences within fences in CA.

[Just One of the Guys]

Originally Posted by Tulemutt

Don't own a house. Problem solved.

I know this works because I have never been sued by a gardener.
Now you can turn out that light and go to sleep. Worries over.

Or maybe cutting your own lawn!!

[EdJS]

Originally Posted by noooooob

If your gardener chops his toe off in the lawn mower, he can sue you.

Many people in california hire gardeners who don't have workers compensation, including me.
I pay a measly $70 per month for service. If he wanted, he could sue me easily for tens of thousands.

Homeowners bear all the risk. I'm surprised gardeners don't scam homeowners more often. It's really hard to find reviews on gardeners too, so no one knows if they scammed others before.

I think if a gardener tried to run this "scam" once, the pain would dissuade him from trying it again. I mean really, deliberately chopping off a toe just to sue somebody for money? Why not chop off a foot or leg?

Oh, and as others said, you can protect yourself from the possibility of a true accident with an umbrella policy.

[oldtrader]

Just make sure your home owners policy is in effect. Make sure the liability is $100,000 or higher, and if you get sued for something that happens on your property, you just turn it over to your insurance company. Let them take care of it, not try to fight it yourself. That is what you pay your premium for. It is also a good idea to always hire a licensed and bonded yard service.

Remember if you hire household help, you are to have a tax number, pay your portions, etc. Have to make tax statements, etc. Have had to do this for years.

So if you are hiring someone to do the gardening, and possibly other help at your home, you have to consider this. Read the following to see if that is required in your case.

Tax Topics - Topic 756 Employment Taxes for Household Employees

Fail to follow the rules, and you can get a hefty fine.