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Why is my sister-in-law suing me?
Construction Questions
By Menno Dueck
How can helping out family end in such tragedy? Picture the following hypothetical scenario.
Doug and Arlene are tight with Doug’s brother Mathew but struggle to feel close to Mathew’s new wife Irene and her two daughters. Mathew volunteers to help Doug replace the shingles on his house as Doug had worked a few summers for a roofing company and is confident that together they could do it. Mathew, sole wage earner for his family, is struggling financially so Doug and Arlene give him $500 as a thank you for helping out.
At 9 a.m. on a hot sunny day, the brothers begin stripping off the old shingles while Arlene and Irene settle into the backyard to watch the girls play in the sprinkler. The cooler has been filled with ice, beer and pop. By noon the temperature is creeping past the 32C mark and still climbing and Arlene notices the brothers have left their water bottles on the patio. About noon Doug and Mathew come down for lunch and Doug heads to the cooler to grab them both a cool beer.
Half an hour later, the brothers are taking turns carrying bundles of new shingles up the ladder to the roof. Doug, looking up at Mathew on the roof, is alarmed to see him swaying on his feet and the next thing anyone remembers is Mathew laying sprawled on his back on the concrete patio. The weekend ends with Mathew being air-lifted to the nearest trauma unit where he is pronounced dead. Mathew has no life insurance or accident/sickness insurance.
Irene is scared for the financial future of her and her daughters and wonders what will happen if she can’t make the mortgage payments. She is angry at Doug; knows he had experience in the roofing industry and blames him for not looking out for Mathew and insisting he wear proper fall safe equipment (harness and tie down).
Doug’s homeowner insurance has a bodily injury payout of only $2,000, and the company may not pay out if they conclude that Doug hired Mathew to work for him (exchange of cash). Doug and Arlene may also be found negligent for not using fall safe equipment or providing protection against heat stroke: sufficient hydration (water bottles left on the deck), frequent breaks from the sun (no break until noon), and for allowing consumption of alcohol on the job (beer with lunch).
What a further tragedy if Doug finds himself on the opposite side of the courtroom from his sister-in-law.
– Submitted by: Menno Dueck, Ask Menno Consulting, Dueck Enterprises Inc.
250-426-5460 www.dueckenteprises.com
