Legal Question in Construction Law in Indiana

Property Damage; who pays?

I am the director of a child care center in Evansville, Indiana. We recently hired a fencing company to install a new fence to surround our playground, they promised to have to done by a certain date in order to protect our playground from a neighborhood bar which was scheduled to have their annual block party. The fence was not completed, not even by a fraction because of employees failing to show up to work. Because our playground was not protected by a fence, we suffered damage to equipment caused by patrons of the block party. Who is liable for the damages and what can we do to get the money to replace the items?

Asked on 5/24/07, 10:39 am

1 Answer from Attorneys

Mark Voigtmann Baker & Daniels

Re: Property Damage; who pays?

There are at least three categories of persons who MAY be liable to you: (a) the specific patrons of the bar who caused the damage, (b) the bar owner, for creating the public nuisance that caused the damage, and (c) the fence company, for failing to complete the fence on time as it had agreed (assuming that the deadline involving the block party was known). If you would like to discuss this further, feel free to contact me. Thanks.

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Answered on 5/30/07, 5:42 pm

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