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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: South Africa Law
Satisfied Customers: 110401
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer Question

I am a painting contractor doing work for a commercial landlord, we were busy painting a section of his building with airless spraying machine when a gust of wind came up and some small airbourne particles fell and landed on a vehicle. What is the procedure or law pertaining to who is liable and what is the remedy Thank you in advance

Submitted: 3 years ago.
Category: South Africa Law
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The legal premise involved here is common law whereby it says that he who is at fault must pay for the harm. If you were painting and a gust of wind caused your paint to fly and damage a car, legally you are liable and this is why contractors carry liability insurance. The liability is only to put the damaged property back to the condition it was at the time of the damage. Thus, if you could get the paint removed from the car then that is the extent of your liability.

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