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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37856
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My tenant claims that the lawnguy I hired to do his lawn scratched my tenants car.

Resolved Question:

My tenant claims that the lawnguy I hired to do his lawn scratched my tenant's car.
Am I liable for my tenant's car repairs?
The lawnguy claims he did not do it and the tenant is trying to get his scratches paid through the lawnguy's insurance.
How should I proceed?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, this 'lawnguy' you hired, is he an employee or an independent contractor? Does he have his own insurance? Is he admitting that he scratched the vehicle--I see that he is not, but does the tenant have any evidence that he did?
Customer: replied 1 year ago.

The lawn guy is an independent contractor; he does have his own insurance and he does not admit to scratching the vehicle.


The tenant claims he has evidence that he did, but I have not independently verified this.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, John. I appreciate the additional information.

In that case this is not your liability. While you are generally liable for the torts and violations of your employees, you are NOT so liable for those who are your independent contractors in your employ (hence why I asked if they were independently bonded and licensed). If that is the case, then the tenant's recourse is not against you as you did not harm his vehicle but against the sole party who caused the harm, in this case the contractor. The best suggestion is to sit tight, have the contractor deal with this, and disclaim personal liability based on the other party's status as a third party and not your employee.

Good luck.

Customer: replied 1 year ago.

THANK YOU!

Expert:  Dimitry K., Esq. replied 1 year ago.

John,

You are MOST welcome, truly! I am happy I was able to find you a positive solution! If satisfied with my work, kindly do not forget to positively rate my answers to you so I may obtain credit for my work. Thank you!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37856
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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