Subcontractor causes damage - who is liable
I am an unincorporated NJ person who connects workers to small cleaning jobs. Workers are not employees and can refuse assignments, but agree to split the fee I negotiate, giving me a lesser part. Sometimes I collect the fee. Other times they do.
A worker (NY person) broke a window ($350 value) during a job in NYC (gross job fee: $286 - my net would have been $104).
I mentioned nothing wrt accepting liability at any prior time.
Who is responsible and how much?
Asked on 9/05/06, 11:47 am
2 Answers from Attorneys
Norman Nadel
Norman Nadel, Esq.
Re: Subcontractor causes damage - who is liable
You appear to be a broker, and if that is the case, you would have no liability for acts of the person for whom you located a job.
A judicial resolution of this matter would involve a detailed inquiry into all documents, conversations and past conduct regarding the activities you perform and your relationship to the potential employer and employee.
Answered on 9/05/06, 12:09 pm
Mark S. Moroknek
Kelly & Curtis, PLLC.
Re: Subcontractor causes damage - who is liable
There are arguments for both positions, and it really depends; however, if you plan on doing this as a business, obtain insurance.
Generally, you would be a "passive tortfeasor" and the person who broke the window an "active
tortfeaor." As to the client you may both be liable. Between yourselves however, you should be able to collect a judgment back from the cleaner.
Answered on 9/05/06, 12:28 pm
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