Legal Question in Real Estate Law in California
Damage to property
I just hired a new lawn maintenance company to take care of my front side and back lawns. Since the enclosed back lawn is newly installed, I asked that that contractor use my lawn mower to mow just that grass. I gave him permission to get the lawn mower out of my tool shed and asked him to put it back when he was done. I did not check on anything because I had an injury which confined me to the house. Later my husband came home and discovered that he had torn off one of the shed doors. He never said anything to me about it, and I think he should at least offer to pay for the repair. Is he liable for the repair?
2 Answers from Attorneys
Re: Damage to property
If he did it, yes, he's liable. The problems with enforcing a claim like this are economics and proof. Maybe a small-claims suit would be worthwhile, but you'll need to convince the judge that this person did the damage (rather than a vandal, trespasser, thief or perhaps even yourselves. You may know who did it, but you need to show by the weight of the evidence that this was the contractor.
Was the damage accidental or intentional? If the latter, was it done because it was necessary to get access to the mower, or in anger? The answers to these questions might affect your practical choices in how to deal with the situation.
Re: Damage to property
I agree with the response provided by Mr. Whipple. You can collect the cost of repair if you can prove the maintenance company caused the damage. But how much will it cost to fix? How much unpaid time off from work will you take to resolve this matter in court? It sounds like you haven't spoken wiht the maintenance company yet. Maybe they will offer to fix it if confronted with the issue.
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