South Florida Injury Lawyers Blog
When someone suffers a work-related injury, typically the only remedy they have against the employer is a claim for workers’ compensation benefits. However, the exclusivity provision of workers’ compensation law does not prohibit injured workers or their families from seeking compensation from negligent third parties. In some cases, that could include the owner of the property where the work was being conducted.
One such case was recently weighed by an appellate court in California. In Regalado v. Callaghan, justices were asked to consider whether the trial court made any mistakes that resulted in a finding that a homeowner was liable for the injuries suffered by an employee of a pool contractor. Jurors at trial had found the homeowner 40 percent liable for the worker’s injuries based on theories of negligence and premises liability and ordered him to pay $3 million in damages.
According to court records, the homeowner was a licensed subcontractor who wanted to build a “dream house” for his wife in the Coachella Valley. He acted as an owner-builder for his home project, meaning he obtained the permits for construction and served as the person responsible for overseeing the construction – similar to the role a general contractor would take on. Continue reading →