San Jose, CA asked in Products Liability, Business Law, Construction Law and Small Claims for California

Q: If a contractor leaves equipment on a property, & someone moves the equipment, causing damage to the home, who's liable?

For instance, if the contractor had left a compact tractor on the property, and over a weekend when neither the homeowner or contractor were there, someone pushed the tractor into the siding on the home, causing damage, would the contractor be liable for the damaged siding since they were the one who had left the tractor on the property? If there were no security cameras, and we don't know who moved the tractor, would the business owner be liable for the damage caused by the equipment?

1 Lawyer Answer
Dan Rowan Cortright
Dan Rowan Cortright
  • Construction Law Lawyer
  • Rohnert Park, CA
  • Licensed in California

A: No, the person who moved the backhoe actually caused the damage, not the contractor who wasn't there.

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