I don't see any company named that he works for. If you hire a company to do the work, it's their responsibility to provide those safeguards to employees. If she just hired some guy, then she has to provide those safeguards herself, just like to any other employee.

He must not have been a very good roofer if he couldn't see it was in a bad state.

This never would've happened if the homeowner didn't give him a ladder and a hammer and actually expect that they knew what the hell they were doing. Sue their pants off, it's the only way these uppity homeowners will learn their lesson.

I read the complaint and it doesnt explain the nature of the alleged accident. It only talks about the supposed duties of the homeowner. Did he fall off the roof or through the roof and rack his nuts on one of the trusses? I couldnt find an actual description of the accident.

- Directed plaintiff to use the roof as a place to perform his work

Well no shiat her roof had a problem and she hired a roofer

- Failed to warn plaintiff of the unsafe conditions upon the roof

I find it hard to believe that she would hire a roofer and not give him an idea of what she thought the problem with the roof was.

- Failed to provide plaintiff with the necessary safety equipment to perform the work he was hired to do.

I wasnt aware that this was the responsibility of the owner, as the roofer is supposed to be the professional and have his own safety gear.

/That all said, as others pointed out, I didnt see a companies name in that suit. This guy was probably off the street. She should have done more diligence before she hired the guy. Legit company with insurance ftw.

IMO its a money grab and will be handled between his attorneys and her insurance company. Hopefully they will offer nothing, and at the most nuisance money and that will be that.

//Ive been on plenty of damaged roofs as an insurance adjuster (former now). I wouldnt get on anything above a 6/12 pitch roof without taking some precautions. The plaintiff is supposed to be a roofer who should have more knowledge and expertise of his profession than I did.
///I never fell off or through a roof

Saturn5: sex0r: "If she just hired some guy, then she has to provide those safeguards herself, just like to any other employee."

Regardless of whether he worked for a company or was a sole proprietor, he's an independent contractor, not an employee.

THIS.

Otherwise the homeowner would also have to file tax forms, collect Social Security and everything else required of an employer.

The government requires you to do that for anyone you pay for a job: the babysitter, the kid who mows your lawn, the guy shoveling the walk, etc. That's why you pay them "under the table."

Scam is the word running through my mind when reading that complaint.

johnsoninca: The government requires you to do that for anyone you pay for a job: the babysitter, the kid who mows your lawn, the guy shoveling the walk, etc. That's why you pay them "under the table."

Not if they are an independent contractor, then they are hired with a 1099. Makes them responsible for filing anything, all you do is keep your check copy and put it with your taxes.

If they don't file it, then it is their ass.

vinn01: This needs the "Dumbass" tag - for the lawyer who filed this suit.

Seriously, the roofer is supposed to work somewhere other than the roof? The homeowner is supposed to provide the safety equipment to the roofer? The homeowner failed to warn the roofer that the roof needed repair?

/ total waste to court's time
// Unless the judge is an idiot - which happens
/// This would never go to a jury


In a country where you can make millions for spilling coffee in your lap...

_{/yes, i know, that is the equivalent of Godwinning a lawsuit thread}

They were up there smacking each other with the hot mops.

um, why is this allowed?
why didnt the judge throw the person who filed the lawsuit straight into jail?

no seriously, this is why we need loser pays.
the lawyers would stop filing this bullshiat.

/they need to be the first up against the wall when the revolution comes.

That's why I hire people that are registered contractors with a posted bond.

Arizona makes it easy to check: AZRoc.gov (new window)

JeffMD: How come we allays hear of the initial suit and not what happens after?

Cases get settled or summarily dismissed. The latter will almost certainly happen with this one, and I'm hoping this one gets dismissed with prejudice. When judges write opinions on cases they dismiss, the smackdownitude can be awesome.

BTW, subby, I expect you to submit a follow up if that happens.