• Carpenter got injured in a fall while working at my home

I had hired a carpenter for a single day's work at my home for some minor work. While doing that work he was o ladder and at a height of 10 feet from the ground. While working he either slipped or lost his balance or because of dizziness fell down and injured his head. I took him to the hospital and he underwent a head surgery and is presently in ICU but his chances of survival are bleak. I paid for his treatment and surgery etc. His age is around 65 years. His two sons had a companies him to the hospital. They are grown ups and married. What is the extent of my liability in case he dies? This accident occurred in J&K
Asked 8 years ago in Civil Law

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4 Answers

Legally there is no liability upon you in case he dies because there was no relationship between. It was only service provider and service reciever relationship between the parties.

Just make sure that accident must not be happened because of your negligence or conduct.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

The liability will occur only if some claim is made by the legal heirs to this effect.

How mcuh you will have to give will depend on the amount that will be claimed by them.

It is good that on ground of humanity you have paid for the treatment, rest you need to pay compensation only if some case is filed by them.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

He is not your permanent employee, infact you hired him. No liability lies on you. But for the sake of humanity you can help him out.

Rajesh Kumar
Advocate, Ludhiana
119 Answers
1 Consultation

Since he was engaged for your work and you had employed him with a task assigned to him, the accident can be held to have occurred during the course of employment.

Hence as a employer you will be required to pay the compensation amount

It depends that how you negotiate with the victims's family members for an out of court settlement.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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