Q: Who is liable for property damages?
In California, an apartment complex hired an outside contractor to paint the fence. The hired contractor negligently sprayed the fence without covering any cars along the fence. My truck is covered in paint overspray. The landlord is pointing fingers at the contractor to be liable, and the contractor admits negligence but refuses to settle for the cost to restore my truck to its original condition prior to them painting. I have 2 estimates from professionals for paint restoration within 10%. Who is ultimately liable for the property damage? The landlord who hired the contractor? Or the contractor that was hired to paint?
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A:
Under California law, the primary responsibility for damages caused by negligence typically falls on the party who directly caused the damage, in this case, the contractor. Given that the contractor admits to the negligence leading to the paint overspray on your truck, they would be the first party you should seek compensation from.
However, there can be situations where the landlord might also share some liability, especially if there was a failure on their part to ensure that the contractor took adequate precautions to prevent such damage. This aspect largely depends on the terms of the contract between the landlord and the contractor and the extent of oversight or instructions provided by the landlord regarding the work.
To pursue compensation, you should consider legal action against the contractor, especially since they have admitted fault but are refusing to cover the full cost of the damage. It is advisable to compile all relevant documentation, including the damage estimates and any correspondence acknowledging the contractor's negligence.
If the contractor remains uncooperative, you may also explore the possibility of involving the landlord in the claim, particularly if there's evidence suggesting their potential negligence in supervising the work. Consulting with a legal professional can provide more tailored advice based on the specifics of your situation.
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