The own-work exclusion is a provision found in certain insurance policies, which states that the insurance company will not provide coverage for any damage caused by the insured person’s own work or actions. For instance, if a carpenter constructs a deck that subsequently collapses, the insurance company will not be liable for the expenses associated with repairing it. This exclusion is implemented to incentivize individuals to perform their tasks diligently and assume accountability for their work.
Some commercial general liability policies have a provision called an own-work exclusion, which means that the policy does not cover damage to the work or services performed by the insured. For example, if a construction company accidentally damages a building they are working on, the policy will not pay for the cost of repairing the damage. This exclusion only applies to property that is owned or performed by the insured. In this case, the construction company is the insured and the building they are working on is their own work, so the policy will not cover any damage caused to the building by the construction company.
The own-work exclusion is a legal principle that prevents an individual from recovering damages for injuries caused by their own negligence or misconduct.
In personal injury cases, the own-work exclusion means that if you were partially or fully responsible for your own injuries, you may not be able to recover compensation from another party.
Yes, the own-work exclusion can be used as a defence by the defendant in a lawsuit to argue that the plaintiff’s own actions contributed to their injuries and therefore they should not be entitled to compensation.
Yes, there are some exceptions to the own-work exclusion. For example, if the defendant’s actions were intentional or grossly negligent, the own-work exclusion may not apply.
Fault is typically determined by assessing the actions of both parties involved in the incident. If it is found that the plaintiff’s own negligence or misconduct contributed to their injuries, the own-work exclusion may be applied.
In some cases, parties may agree to waive or modify the own-work exclusion through a contractual agreement. However, such waivers or modifications must be clearly stated and agreed upon by all parties involved.
The own-work exclusion primarily applies in personal injury cases, but it may also be relevant in other areas of law, such as product liability or premises liability cases.
Yes, the own-work exclusion can be challenged in court if there are valid grounds to argue that it should not apply in a particular case. This may involve presenting evidence to show that the defendant’s actions were the primary cause of the injuries.
Comparative negligence is a legal principle that assigns a percentage of fault to each party involved in an incident. If the plaintiff is found to be partially at fault for their injuries, the own-work exclusion may reduce the amount of compensation they can recover.
Yes, it is highly recommended to consult with an experienced attorney if the own-work exclusion is being used as a defence against your claim. An attorney can assess the specific circumstances of your case and provide guidance on the best course of action.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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