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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11782
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I am building a hotel and my constructor asked for a delivery

Resolved Question:

I am building a hotel and my constructor asked for a delivery of bricks. The delivery company broke into the gated property to deliver the bricks. Who is responsible for paying for the damage?

I have been asked to pay for this damage.

So my further related question is to ask if my hotel guests create damage to common parts of a shared property (i.e. not mine) like a crash into a gate am I responsible for repairing their actions malicious or otherwise?
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

TexLawyer :

Good evening. I'll be assisting you with your question.

TexLawyer :

Who owns the damaged property?

Customer:

It is a gate that may be owned by a company (the promoter) or partly by myself and others as we are on a gated community. It is not so clear at the moment.

TexLawyer :

Is this hotel in Panama?

Customer:

In fact it is the padlock of the gate

Customer:

Yes

Customer:

My hotel is on the gated community

TexLawyer :

OK. I will have to opt out and allow another expert more familiar with Panamanian law to assist you.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, My name isXXXXX see that your expert has opted out of your question. I would like assist, if I may,

 

 

1. Initially, you would be responsible for the damage done by the truck which delivered the bricks, but you could probably be reimbursed by your contractor if he was the person who ordered the bricks. The legal theory behind this is, "To whom was the delivery man answerable ?" and ""Theoretically, the person who ordered the bricks had control over the actions of the person who delivered the bricks". It is not actual "physical control" that the law speaks of, from a legal stand point, the deliver man was under the control of the person who ordered the bricks;

 

2. By the same theory, you would not be responsible for any damage done by a guest at your hotel because the guests are not under your control and you cannot control their actions or inactions and that also includes any damage that they do. Therefore, you cannot be held responsible for the costs of repairs for any damage they do to any property adjoining yours,

 

_____________________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11782
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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