Posted on: 6 April 2016Share
If the handyman you hire to work on your home's electrical problems sues you for the electrical injuries they sustain during the project because they say your home is unsafe, hire a personal injury attorney to represent your side of the case. Although personal injury attorneys represent plaintiffs, or people who receive injuries, the attorneys may also help individuals, or defendants, accused of the creating or causing the other parties' injuries. An attorney may obtain the evidence you need to clear your good name by asking many important questions about the plaintiff, including these below.
Does the Plaintiff Possess a General Contractor or Trade License to Do Electrical Work?
One of the things a personal injury attorney might do is question whether or not the handyman suing you has the proper credentials and training to complete electrical work in your state. Although the laws for handypersons can vary from state to state, many states require individuals to obtain a general contractor's license or a trade license to perform electrical, HVAC or plumbing jobs. It may be illegal to perform the jobs previously mentioned without the proper licensing. In addition, the jobs may require handypersons to remove, handle or use electrical components or mechanical parts that can cause serious injuries without the proper knowledge or expertise.
The handyman suing you may argue that they have a right to work on electrical problems because they obtained a Minor Work Exemption from the state. Some states, such as California and Arizona, allow unlicensed handypersons to obtain a Minor Work Exemption if they want to work without a general contractor's license. However, a Minor Work Exemption only allows unlicensed workers to work on jobs in their state that don't require a building permit from the city or cost a certain amount of money to complete. Because electrical work does require a permit to complete, an attorney may check the handyman laws in your state to see if it actually qualifies as exempt.
In addition to having the right credentials, an attorney may want to know if the handyman followed the correct procedures and safety precautions when they worked on your home's electricity.
Did the Handyman Take Precautions in Your Home Before and During Work?
Individuals must secure a work area and their equipment from any potential electrical shocks and injuries before they begin work. Many electrical accidents occur because someone worked in an area with live equipment. If the handyman lacks the proper electrical safety training to work, they placed you and your home at risk for fires and other hazards. An attorney may ask you if the handyman turned off the home's power supply before working on the problems that day. If you didn't see this happen, it's essential that you tell a personal injury attorney immediately. An attorney may place this information in your defense case file to show that the handyman lacks the essential knowledge needed to protect clients from harm.
A lawyer may also question the handyman's educational skills and training. If the handyman doesn't have a general contractor's or trade license to work on electrical components, they may also lack conventional training from a skilled journeyman or school. Depending on their state, a number of people undergo apprenticeships with trained professionals for up to four years and a set amount of hours before moving on with their careers.
Apprenticeships allow handypersons to learn how to use electrical equipment and how to repair problems safely. If the handyman learned his trade without any type of professional or conventional training, an attorney needs to know about it. The handyman's lack of training may be the actual cause of their accident and injuries instead of you or your home.
After compiling the evidence they need, an attorney may develop a defense case for you that works in your favor. An attorney may also explain what you may or may not expect from your case during a private consultation.
If you would like to know more about developing a defense case for the lawsuit against you, contact a personal injury attorney or firm such as Clearfield & Kofsky.