What Is Your Liability When Handyman Services Fail?

Home improvement projects can do wonders for your property. Not only do they add value, but they can also make your living space much more enjoyable and functional. Whether it’s upgrading a bathroom or fixing a faulty fence, hiring a handyman is often the easiest solution – especially if you’re not confident in your DIY skills. But what happens when things don’t go as planned? Maybe the handyman does more harm than good, or worse, injures themselves on the job. How liable are you, as the homeowner, in this situation? Here’s everything you need to know about your potential responsibilities when things go sideways, as well as how to protect yourself from unexpected liabilities and ensure the project gets back on track without unnecessary stress (or at least minimal stress).

Start with the Contract

Your first line of defense is always your contract – or lack thereof. If you skipped the paperwork, we’re sorry to say you’re already at a disadvantage. A well-written contract, one that clearly outlines the scope of work, timelines, payment terms, and liability clauses, is a must. Without one, resolving disputes can get messy, and fast. So, if issues arise, review your agreement closely. Does it specify how defects will be handled? Are there guarantees or warranties in place for the work? Look for clauses that address disputes or legal obligations.

Communicate Issues Immediately

If the work isn’t up to par, start by discussing the problem directly with the handyman. Be clear about your expectations and provide documentation, like photos or a list of incomplete tasks. Sometimes, the issue is a simple miscommunication that can be resolved without escalating the situation. Most professionals prefer to fix mistakes rather than risk damage to their reputation. However, if your handyman seems uncooperative or dismissive, you may need to explore additional steps.

Check Your Insurance

When accidents happen, it’s important to understand who covers the costs. If a handyman injures themselves while working on your property, your homeowner’s insurance may come into play. Policies often include liability coverage for injuries to non-residents on your property, but this depends on the specific circumstances. If the handyman has their own insurance (which they should), their policy typically covers injuries and damages. So, it’s best to confirm that they’re insured before hiring them. If they’re not, you could be held financially responsible for medical bills or other claims.

Escalating to Legal Action

When informal resolution fails, you might need to consider legal action. This isn’t ideal because litigation is time-consuming and expensive, but it’s sometimes unavoidable. Before you file a lawsuit, however, send a formal demand letter outlining the issue, the resolution you expect, and a deadline for action. If personal injuries occurred during the project, either to the handyman or someone else, you’ll want to handle these disputes carefully to avoid further complications. Consulting legal experts like Salvi, Schostok & Pritchard P.C. can help you navigate personal liability claims and explore settlement options that protect your rights and minimize risks. Depending on the amount of damage or financial loss, you may be able to file in small claims court, which is quicker and less expensive than other legal routes. Keep in mind that you’ll need to prove negligence or breach of contract, so detailed documentation (photos, emails, invoices) is crucial.

Preventive Measures for Next Time

Prevention is the best cure, as they say, but avoiding handyman problems in the future is not always so easy. This said, as long as you do your due diligence, you can almost certainly avoid disasters. For one, make sure you always vet potential hires thoroughly: check references, confirm their credentials, and read reviews. Ask for proof of insurance and ensure they’re licensed to perform the type of work you need. It’s also wise to request a detailed written estimate that outlines the scope of work, timeline, and costs so you can prevent any misunderstandings and have a solid reference if disputes arise. A clear contract should include clauses for handling unexpected complications, such as additional costs or delays. You can also mitigate risks by supervising the project, even if you trust the handyman. Stay involved enough to catch issues early, and don’t hesitate to speak up if something doesn’t look right. Finally, know when to hire a specialist. Projects involving major structural changes, electrical systems, or plumbing often require licensed professionals rather than a general handyman. While the upfront costs may be higher, the investment pays off in reduced risks and better-quality results.