Michael Pines | April 8, 2026 | Personal Injury \ Premises Liability
If you hire someone to perform work on your property – whether it’s a contractor, handyman, landscaper, or repair technician – you may be wondering: Am I liable if they get hurt?
The answer in California is: sometimes, yes. Liability depends on several factors, but it is primarily governed by premises liability law, which requires property owners to maintain a reasonably safe environment.
The Legal Foundation: Premises Liability in California
At the center of these cases is California Civil Code Section 1714, which states that individuals are responsible for injuries caused by their lack of ordinary care in managing their property.
In practical terms, this means:
- Property owners must keep their property reasonably safe
- They must fix dangerous conditions or warn others about them
- They can be held liable if their negligence causes injury
This duty applies not just to guests – but also to people working on your property.
When You Can Be Liable for Worker Injuries
You Failed to Maintain a Safe Property
If a worker is injured because of a dangerous condition on your property – such as:
- Broken stairs
- Loose flooring
- Poor lighting
- Electrical hazards
You may be liable if you knew or should have known about the hazard and failed to fix it or provide a warning.
You Failed to Warn About Hidden Dangers
Even if a hazard isn’t obvious, you still have a duty to disclose it. Example: If you know a roof is unstable and fail to warn a contractor, you could be responsible if they fall and get injured.
Your Negligence Caused the Injury
Liability often comes down to negligence. You may be responsible if:
- You created the hazardous condition
- You ignored a known safety issue
- You failed to take reasonable precautions
California law requires property owners to inspect, repair, and warn to prevent foreseeable harm.
You Exercised Control Over the Work
In some cases, liability depends on how much control you had over the worker. If you direct how the work is done, provide tools, or supervise closely, you may increase your liability This can blur the line between an independent contractor and an employee.
When You May Not Be Liable
The Worker Is an Independent Contractor
California often limits liability when the injured person is a true independent contractor.
Under the Privette doctrine, contractors are generally responsible for their own safety while performing their work. However, this protection is not absolute.
The Worker’s Own Negligence Caused the Injury
If the injury occurred due to the worker’s own actions – such as:
- Misusing equipment
- Ignoring safety protocols
- Working while impaired
You may not be held liable, especially if no dangerous condition existed on your property.
Workers’ Compensation Applies
If the worker is employed by a company, their employer is typically responsible through workers’ compensation insurance, not you.
That said, you could still be liable in certain cases involving unsafe property conditions.
Key Legal Factors That Determine Liability
Courts in California look at several factors when evaluating these cases:
- Was there a dangerous condition on the property?
- Did the property owner know (or should they have known)?
- Was the hazard repaired or properly disclosed?
- Did the owner exercise control over the work?
- Who caused the injury – the owner or the worker?
Ultimately, liability is fact-specific and depends on the circumstances surrounding the accident.
Practical Example
Imagine you hire a handyman to repair your deck:
- If the deck collapses due to rotted wood you knew about and didn’t disclose, you may be liable
- If the handyman falls because they improperly used a ladder, you may not be liable
- If you directed unsafe work practices, liability may shift back to you
How to Reduce Your Risk as a Property Owner
To protect yourself, consider the following steps:
- Inspect your property before any work begins
- Fix known hazards promptly
- Clearly warn workers about any risks
- Hire licensed, insured contractors
- Avoid micromanaging how the work is performed
Taking these precautions can significantly reduce your legal exposure.
Liability Depends on Negligence
In California, you are not automatically liable if someone gets hurt while working on your property – but you can be if your negligence played a role.
Under California Civil Code § 1714, the key question is simple: Did you act with reasonable care in maintaining a safe environment?
If the answer is no – and someone is injured as a result – you may be legally and financially responsible.
Injured While Working on Someone Else’s Property? We Can Help.
At Pines Salomon Personal Injury Lawyers, we understand how complex premises liability cases can be – especially when they involve contractors or workers.
If you’ve been injured on someone else’s property, our experienced legal team can help you: Determine who is liable, Gather evidence to support your claim, and Pursue the compensation you deserve. Contact us today for a free consultation.
We proudly serve San Diego, San Diego County, and its surrounding areas:
Pines Salomon Injury Lawyers – San Diego Office
835 5th Avenue #302, San Diego, CA 92101
(858) 551-2090
Available 24/7
Pines Salomon Injury Lawyers – La Jolla Office
4660 La Jolla Village Dr. San Diego, CA 92122
(858) 585-9031
Available 24/7