Liability of self-employed persons: Who is responsible?

Questioner

I would like to know the following: I am a self-employed person. If I let another self-employed person work on a job I have accepted and something happens that would fall under liability insurance. Whose insurance should be called upon? Who is responsible? So suppose the freelancer I hire knocks over an expensive vase. Who is responsible for that, me or him?

Lawyer

In such a case, you will be held liable by your client as the person ultimately responsible. You can then submit the claim to your insurer, who will check whether or not the self-employed person you have hired is co-insured under your policy. Check your policy conditions to see whether any assistants you have hired are also co-insured. Generally speaking, subordinates are co-insured. Third parties are not. If the self-employed person worked under your management and supervision and you have provided this self-employed person with instructions, then in principle he will be considered a subordinate and will then benefit from your policy. If the self-employed person works entirely independently, then there is a good chance that your insurer will not cover the damage. Also bear in mind that even if there is cover under your policy, your insurer can recover the damage from the self-employed person you have hired. The example of knocking over the vase could well be seen as an act that should not be seen as part of the normal activities of the job and therefore is in any case at the expense and risk of the self-employed person you have hired. He would therefore be wise to also take out a (business) liability insurance for himself.