sent 2 guys to trim some bushes yesterday. They had to get on the home owners deck to trim 1 away from the house. While 1 was climbing the stairs to the deck the entire stair case completely collapsed due to rot sending him to the ground. He hurt his ankle pretty bad. so much so that he will not be able to work for some time. Of coarse the nurseries insurance and workmans comp will take care of him but I was wondering if the home owner had any liability. This happened at a pretty upscale condo complex And after seeing the condition of the stairs I was surprised it was in such a state of dis repair.
oh boy, lawyer time. I dont know about the owner, in a condo complex the association usually is responsible for outside maintenance right? I will say, it always amazes me how poor the maintenance seems to be on many "upscale" homes. So many people trying to live beyond their means. Every year on haloween we take the kids trick or treating in one of those McMansion developments and my wife laughs that I notice the peeling paint, poor quality siding, cheap walkways, rooms empty of furniture..... [/rant off]
Don't get me wrong. I'm not 1 of those sue happy kinda folks. Just seems odd that a situation like this was allowed to happen. The couple that live there are elderly and if it would have collapsed with 1 of them on it I am afraid it might have killed them.
I hear ya, no worries. I wonder if this will work like car insurance. You talk to your agent, and they may investigate and then your insurance company will decide to go after the condo complex insurance? I just hope your premiums dont get raised as it doesn't sound like your guy did anything wrong.
I currently work in property management and I am about 15 years into it. I won't offer any legal advice. Condo ownership is very specific on who is responsible for the upkeep. I'm glad your worker was not hurt too badly. The management company should be made aware of this either directly or through the owner of the condo. The person residing in the condo may be a renter and not aware of the issue. I am sure workers comp will look to recoup lost wages and medical bills. I would think they would want to be proactive and inspect all stairs in the complex. Hopefully this situation will prevent another injury. An older person could have sustained a pretty debilitating injury. Good luck, I hope they recover and get back soon.
I hope your guys are ok. I've never had a contractor get hurt on my property but I know I'm holding the bag if the contractor gets hurt and is uninsured. (And lying about it). That is why my homeowners/ umbrella has coverage for uninsured contractors.
