What if a Worker Gets Hurt on My Property?

I was working from home and saw our cleaning lady struggling to make her way past the totes I have stacked at the top of the stairs.

That’s the genesis of this newsletter.

Owners and occupiers owe a duty of care to people who have been invited onto their property. That duty requires owners and occupiers to maintain a reasonably safe environment.

Workers who come to your house are included.

Understandably I started thinking about what happened if Raquel tripped over the gauntlet of storage containers and fell down the stairs.

Since she’s not an employee, she wouldn’t be covered by workers compensation. If I were cunning, I guess I could have her sign and agreement saying that I was delegating this duty to her. (That’s something that’s allowed under Washington law.)

But who knows if it would be enforceable. And more importantly, it isn’t the right thing to do.

The top line right thing to do is to eliminate the hazard. Sure she can see it’s there. It’s not hidden. But it’s my responsibility to move it.

The second most important thing to do is to have insurance to cover those hazards that exist but I either don’t appreciate or don’t get around to fixing. I have that covered. But money isn’t a substitute for a broken shoulder. Or worse.

These two things—fixing and insuring—should be the focus of any property owner. I hate it when people contact me trying to figure out ways to avoid taking responsibility for what they can control. (It’s the same thing when people want to use releases to try to get around their primary responsibilities of behaving reasonably and purchasing insurance for when they make mistakes.)

And, if you’re curious, I conquered my procrastination and moved the hazard.