Can Contractor with Suspended License Sue Me for Getting Hurt at My House

[davidkerry]

My question involves a consumer law issue in the State of: CA
I hired a contractor a few years ago to do odd jobs around my house. At the time I hired him he was licensed. I never checked to make sure he stayed licensed over the years that he's continued with us. Today he was installing a shower door in my bathroom, the glass exploded (he said the cause was a scratch in the glass, i wasn't home to see it ...). He was kneeling on the ground when the glass broke, it landed hard on his shoulder and rained glass all around him. He had small cuts all over his arms, legs, neck and head. His assistant quickly cleaned up, I paid him for the day, and he left. I checked his license tonight and see it was suspended because of a bond issue last year. I emailed him tonight to make sure he's OK. After that, my concern lies in the damage the glass caused (chipped newly installed toilet and newly installed shower base, and I need a new door - from Canada!). Can he sue me for getting hurt on the job? Who would normally pay to repair damage (assuming license in place) him, me, homeowners insurance?
Thanks -

[Mr. Knowitall]

Yes, there is potential for a contractor to sue you if he's injured while working on your house.

If the damage was caused by a defective product, which is what the person is alleging, you can try to see what the manufacturer of that product will offer (if anything) or see what your insurance covers. You are free to ask your 'contractor' to pay for repairs or replacement items, but I'm not expecting that you'll have much luck with that.

[SChinFChin]

I agree with Mr.K, he can sue you on "workman's comp" grounds.

You might check your insurance policy first, or if you have an insurance agent, check with your agent if your homeowners policy covers "workman's comp". WC is the type of coverage you'll need if you have workman injured in your home.

According to my agent, here in NY State, WC is included in owner occupied home owner policies by default, in my GL coverage, while in many other states, it is not automatic.

If you have a homeowner policy, you should have GL (general liability) insurance. I had a commercial liabiilty policy, and it clearly "excludes" WC claims.

If a claim is filed through your own carrier, then leave it up to them to pursue any product liability claims.