What Happens If a Handyman Gets Hurt on Your Property
Your handyman falls off a ladder while fixing your gutters.
He’s rushed to the hospital with a broken leg and fractured ribs. You’re standing there, watching the ambulance pull away, and one thought keeps racing through your mind: Am I about to get sued for everything I own?
Here’s what most homeowners don’t realize. The answer depends on stuff you probably never thought about when you hired him. Did he bring his own tools? Set his own schedule? Have other clients? These seemingly random details could be the difference between you being completely protected or facing a six-figure lawsuit.
The Reality of Homeowner Liability in California
California law generally protects homeowners when independent contractors get hurt on their property. However, there’s a significant catch that often trips people up.
The law draws a significant distinction between someone truly independent and someone who’s essentially your employee. Truthfully, most homeowners have no clue where that line is.
Here’s what actually matters under California’s premises liability rules. You have a duty to keep your property reasonably safe. That means addressing obvious hazards, warning about potential hidden dangers, and minimizing the creation of new risks during work activities.
If the handyman is genuinely an independent contractor, he’s responsible for his own safety. He’s the professional and knows the risks. Courts typically say he “assumed the risk” when he took the job. This is known as the Privette doctrine in California, which has been protecting homeowners since 1993.
But here’s where things can get messy.
If you’re directing every move he makes, telling him exactly how to do the work, providing all the tools, and setting strict hours, you might have just created an employment relationship without realizing it. And employees? They can absolutely sue you when they get hurt.
The Independent Contractor vs. Employee Trap
California uses a test called the ABC test to determine whether someone is truly an independent contractor. Sounds technical, but here’s what it actually means for you.
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1
Control
The handyman needs to work free from your control. You tell him what needs fixing, not how to fix it. Big difference.
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2
Usual Course of Business
The work he’s doing can’t be part of your regular business. For a homeowner, this usually isn’t a problem. You’re not in the handyman business.
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3
Independently Established Trade
He needs to have his own established trade. Real contractors have business cards, multiple clients, their own insurance. The guy who only works for you and nobody else? That’s starting to look like an employee.
We’ve seen homeowners get burned on this. They hire the same person repeatedly, start directing the work more closely, maybe even provide some tools to “help out.” Before they know it, they’ve accidentally created an employer-employee relationship. When that person gets hurt, workers’ compensation laws kick in, and suddenly you’re on the hook because you don’t have workers’ comp insurance.
Insurance: The Part Nobody Explains Right
Your homeowners’ insurance probably covers injuries to true independent contractors. Key word: probably.
Most policies have general liability coverage between $100,000 and $500,000. Sounds like a lot until you see what a spinal surgery costs. One back fusion surgery can blow through $150,000 before you can blink.
But here’s what your insurance company won’t volunteer: they’ll fight tooth and nail to avoid paying if they think you hired someone incorrectly. They’ll investigate whether this was really an independent contractor. Whether you followed local licensing requirements. Whether you checked if the contractor had his own insurance.
Speaking of which, any legitimate contractor should carry two types of insurance. General liability covers if they damage your property or hurt someone else. Workers’ compensation covers them if they get hurt. Always ask for proof of both. Look at actual certificates, not just their word. If they can’t provide insurance, that’s a red flag.
Because here’s what happens when an uninsured handyman gets hurt on your property. First, they might claim to be your employee and demand that you cover any medical bills. Second, even if they’re clearly an independent contractor, they might still sue you personally if they’re desperate and have massive medical bills. Your homeowner’s insurance might defend you, but why gamble?
What to Put in Your Contractor Agreement
What do most handyman agreements typically look like? A text message saying, “I’ll fix your deck for $800.”
That’s not a contract. That’s a lawsuit waiting to happen.
A real protective contract doesn’t need to be written by a lawyer, but it requires certain specific language that actually works in California. Here’s what you absolutely must include:
- Independent contractor status. Spell it out. “Contractor is an independent contractor, not an employee.” Simple. Clear. Matters more than you think.
- Insurance requirements. “Contractor maintains general liability insurance of at least $1 million and workers’ compensation insurance as required by California law.” Make them prove it before work starts.
- Indemnification clause. This is the big one. “Contractor agrees to indemnify and hold harmless homeowner from any claims arising from contractor’s work or presence on property.” Translation: if someone sues you because of their work, they have to cover it.
- Scope of work. Be specific about what they’re doing, but not how they’re doing it. “Replace bathroom tiles” not “Remove old tiles with this tool at this angle.”
Here’s sample language that actually works:
“Contractor shall perform the following work: [specific description]. Contractor shall provide all tools, equipment, and supplies necessary. Contractor controls the means and methods of performing the work. Contractor is free to work for other clients. Contractor carries liability insurance (minimum $1,000,000) and workers’ compensation insurance. Contractor indemnifies and holds harmless homeowner from all claims related to this work.”
That’s it. Nothing fancy. But those words could save you from losing your house.
What to do First When a Handyman Gets Hurt on Your Property
The handyman is hurt. The ambulance just left. What you do next matters more than you realize.
- Document everything immediately. Photos, conditions, tools, and weather. Your phone timestamps these automatically.
- Call your insurance company today. Not tomorrow. Most policies require prompt notification. Stick to facts, don’t speculate.
- Never admit fault. Not to anyone. You can be concerned and helpful without accepting blame. “I should have fixed that step,” destroys your legal protection.
- Gather all hiring documentation. Texts, emails, contracts, payment records. Cash with no records hurts your case.
- Don’t pay medical bills directly. Let insurance handle it. Paying even the ER bill yourself can make you liable for everything.
The Moves That Actually Protect You
Forget everything you’ve heard about liability waivers. In California, you can’t waive away negligence claims with a piece of paper. Courts throw those out constantly.
Here’s what actually works:
1. Hire Only Licensed Contractors When Required
California requires licenses for any job over $500, including materials and labor. You can check licenses instantly online. No license for a big job? Don’t hire them.
2. Demand Insurance Certificates
Not just “yeah, I have insurance.” Get the actual certificate with your name and address listed as “additional insured.” Real contractors do this all the time. If they act confused or offended, find someone else.
3. Keep the Relationship Truly Independent
Don’t supervise every move. Don’t provide tools. Don’t set strict hours. Let them work like the independent business they claim to be.
4. Fix Known Hazards Before Work Starts
That broken step you’ve been meaning to fix? The loose railing? The sketchy electrical outlet? Handle those before anyone comes to work. California’s “known dangerous condition” rule can hold you liable even for independent contractors.
5. Create Safe Access Paths
Clear the area where work will happen. Move your kid’s toys, your garden hoses, or that pile of lumber. Contractors assume normal risks, not obstacle courses you created.
6. Use Written Contracts for Everything Over $500
Email counts. Text message chains can work. But it’s best to get the relationship defined in writing.
Your Action Plan Starting Today
If you have a handyman coming, here’s exactly what to do:
- Verify their insurance today. Call the insurance company on the certificate to confirm it’s real and current.
- Write up a simple contract. Email it to them for acknowledgement.
- Do a walk-through of your property. Fix obvious hazards or at least clearly mark them.
- Take “before” photos of the work area. Shows the condition they found it in.
- Let them work independently. Resist the urge to micromanage.
If you regularly use the same handyman, it’s time for a reality check. Are they really independent? Or have you accidentally created an employment situation? If it’s the latter, you should either formalize the employment relationship (with workers’ comp insurance) or create more independence in how they work.
For future projects, build a roster of properly insured, licensed contractors. Yes, they cost more than the guy from Craigslist. But one accident with an uninsured worker can cost you everything you’ve worked for.
The Bottom Line
If you’re currently dealing with a handyman injury situation or are unsure about your liability in an ongoing situation, obtaining legal advice promptly is crucial. The first few days after an incident often determine the outcome.
Contact DK Law today for a free consultation. We’ll review your specific situation and help you understand exactly where you stand.
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