Hi, I live in a rented flat in Chennai, as part of work. I have a property in Guwahati, Assam, for which we employed a contracter (known person) over phone, informally for a small work - cementing our guwahati house's old roof. The contracter is also a teashop owner who usually takes small construction tasks like building additional rooms or roof tiling work. There is no formal contract signed. We know him from many years. What happened is when they were cementing the roof on the first day, one of his labourers slipped from the first floor of our house and fell down, breaking his back. He is admitted in a hospital and is recovering, out of danger. But the doctor has advised for an operation. We have already given him Rs. 30,000 for his hospital care. Are we legally liable for anything else? Thanks, Ranjan.
You are not responsible for paying compensation to the injured since you have not employed him.
However if at all there's a claim based on a vicarious liability, since you have already settled a substantial amount towards treatment, you can remain silent for any additional claim that may be made.
Legal you are responsible as employer because the person was working in your property so in case of any liability arises you will have to pay since there is no construction agreement between you and the contractor for the entire responsibility goes to you only
The contractor is obligated to provide for him. The labourer is in his employment. Although as he was working on your property you may help him. But you have. Therefore let the contractor take care.
Hello,
Hi,since the labour was employed by the contractor,the medical liability stays with the contractor himself ..
1. The primary liability to bear expenses lies upon the contractor who engages him.
2. However you being the end beneficiary you have your liability as well.
3. The labourer is a poor person. So forget your legal obligation and treat him to make him fully recovered.
"It would then be held that the accident is a result of inadequate safety measures that ought to have been in place." How do you decide inadequate safety measures? Our watchman had been staying on the same roof (a single room built on the roof) for ten months now, without falling or any other injury. The labourer walked near the edge of the roof, to cement the sides, and he slipped.
The arrangements are the contractors responsibility and you cannot know what kind of equipment should or should not have been there. It is the responsibility of the contractor to see that the labourers are safe. Otherwise you would have made the house yourself.
One more question please, the fact that I am staying currently in Chennai, but still I gave the keys to my house to the contractor to renovate the roof is not a fault on my side, is it? Our watchmen had gone to his village due to covid, and the house was empty for the last one month, when the contractor started working on the roof, and the labourer slipped.
The accidental injuries cannot be denied.
Even though the injured is at fault, the contractor is responsible for the safety of the laborer and his safety.
Now you are the person who will be considered as the employer with vicarious liability.
You may decide further course of action as suggested in my previous post.
You have given the sole responsibility of construction to the contractor. Given him the keys. He has complete discretion. These people have scant regard for human lives and they only try to maximize their profit. That is what has happened.
By giving the keys he has a greater responsibility.
You and contractor are liable for paying him compensation for injuries sustained by him during course of work
2) he ought have been provided safety gear by the contractor
3) since no safety gear has been provided you and contractor are liable to compensate him
Inadequate safety measures would be as no safety gear was provided for carrying out work on the roof wherein cementing work was being done
You are equally liable to pay his medical expenses
I have already advised that your liability in the accident. So before the situation goes out of hand try to make the person recovered fully.
Dear Sir/Madam,
In absence of any written agreement between you and the contract, there may be allegations and counter allegations between you and the contractor regarding the liabilities. So, you are suggested to be prepared so that you are left with minimum liabilities.
Whether any FIR is lodged or you have been named in the same. It's not your liability but if you don't pay he may arraign you as accused. He may also arraign you as accused in the same even if you pay the money
No, you are not at all liable to pay for hospital expenses.
That teashop owner is liable.
It is not the question of safety measures, it is regarding the liability and you are not.
It not upon you
As a matter of fact since there is no contract entered into between the parties you are not liable however, due to owing to his financial situation if you have lent your helpful hand please continue doing so.
- Since, the said work was being carried on your instruction , and in your property , hence for the incident happening you are also liable legally with the said contractor.
- Further , since there is not agreement with the contractor for the clause of responsibility , hence also you become liable for the same.
- You should amicable settle the matter with the help of that contractor with the injured , otherwise that labour may approach the court of law for claiming compensation .
No further liability falls on your shoulder. It was an act in which no negligence, prima facie, can be attributed to you.
1. You cannot be faulted for having given keys of your house to the contractor. It is your house and you are free to give keys of it to anyone.
2. If any claim petition is filed then contest it fittingly.
you can contractor both are liable to pay his medical charges and other expenses .
Yes you are legally liable for paying compensation to labour for his loss of earning and medical exepenses as there was no formal contract with contractor.
