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Originally posted by John:
I was wondering if there was a form that you could refer me to for Liability release. My situation is I don't paint houses anymore but I'm painting my parents house with a friend to help me. I'm looking for a legal form that would protect my parents from being liable if my friend or I were to fall and injure ourselves. We don't have insurance and would prefer not to get seeing that I would only be using it for one job. If you know of any forms that I could get for free or for money please contact me.

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Unfortunately, there's not any way to protect the parents.

The parents would be liable for worker's comp insurance if the painters are deemed employees. The question of whether a painter is an employee or a contractor is uncertain, and that's probably the area that needs attention both in terms of a contract and in terms of how the parties actually are treating each other (as employer/employer or as contractor/customer).

If the fall was caused by the painter, himself, and he was a contractor, the parents are probably safe. If he was an employee of the parents there are issues. Or if an employee of a contractor is hurt and the contractor didn't have worker's comp for the employee, the parents may be exposed to liability.

If the fall was the property owners' fault, they'd be liable no matter what agreements are made up front.

The painting work probably requires a license and doing the work without a license carries the potential for civil liability (to the parents), civil penalties, and criminal prosecution.

In summary, there's no simple form that can protect your parents. If your parents want to do their best to protect themselves, they need specific advice that elaborates on the above info and touches on their specific circumstances.

David J. Barnier, Esq.
BARKER OLMSTED & BARNIER, APLC
2341 Jefferson Street, Suite 200
San Diego, California 92110
(619) 682-4040
(619) 682-4842 direct
(619) 220-7056 fax

From Diane - I hope this helps! If you have any more questions please do not hesitate to ask.

Thank you and have a great day!
Diane