Q: My car was damaged by my landlord's landscaper while they were cutting the lawn. Who pays for the damage?
I witnessed the entire episode from my balcony. The person using the lawnmower lost control of the machine on the curb and it slid under the front end of my car. He immediately began dragging the lawnmower out from under my car. I heard a loud crack and asked him what was he doing he said everything was ok no problem. By the time I got dressed to go down and see my car he had left the scene with the lawnmower. I approached my landlord about this accident which occurred directly in front of my apartment. Initially, they told me they would pay for the repairs. Three weeks later they have referred me to the Landscapers' business office. I have recently heard from the landscaper who claims they are not responsible for the damage. I have since withheld $400 from my rent to cover the cost of replacing my front spoiler and rewiring my driver's side fog light. I do not carry collision coverage on my vehicle. Am I responsible for the cost of these repairs? Please advise.
A: I assume that your car was lawfully parked, and that there was not a malfunction of the lawnmower. If so, the landscaper would clearly be responsible. Your landlord may or may not be responsible. The landscaper is an "independent contractor," which would ordinarily mean that the landlord is not responsible for his actions unless the activity would be considered "ultra-hazardous." Alternatively, if the landlord is responsible for cutting the grass under your lease, the lease contract could make him responsible for the landscaper's negligence. Your lease would have to be examined to determine if you have the right to set-off your damages from the rent. In all probability you do not. You are likely going to have to collect your damages by way of a suit before a district magistrate.
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A: I wouldn't get into rent witholding on this--creates a mess. I assume you have estimates. If you have collision you can run it through that and let the insurance company go after the lanscaper for costs and deductible. Send a letter to the landscaper with a cc to the landlord requesting payment per estimates.Then as Mr. Scoblionko says, you can go to district justice court.
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