Macomb, MI asked in Construction Law for Michigan

Q: Does a customer hold any liability if his or her home is broke into and the contractors tools are stolen?

A home was broke into and a large amount of tools and equipment have been ripped off. The customer claims he does not have insurance on the property. The liability insurance policy of the person who had his tools ripped off will not cover it. They have basically said it's on the homeowner insurance. The homeowner failed to disclose critical information which would have probably prevented the person from leaving his stuff at the location in the first place had he disclosed the information. Instead he claimed it was a safe and secure. He knew that the home was an easy target for thieves & had personally wittnessed a person break into the home while in the purchasing process. None of this information was shared until after the home was broke into. He claims he has no liability or responsibility at all. True or false?

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: You've just witnessed what makes these sort of situations complicated: every insurance company is going to say someone or someone else's insurance is responsible. That said, I think a case can be made that the homeowner's insurance should be responsible.

So what happens if the homeowner doesn't have insurance? The homeowner may still be personally liable, and I suppose it would be possible for the contractor to put a lien on the home to secure the judgment.

1 user found this answer helpful

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