[QUOTE=suesiegel;1162414]
Quote:
Originally Posted by rubicon
Pa & giggi: It is not necessarily the landscapers fault that because a rock was thrown into your window by the workman. What would the prudent person do in this situation? Should a workman be required to do an in depth inspection of your property before using a tool? would you pay the additional hours necessary to have the workman do this inspection before proceeding further?
Is a golfer legally liable for hitting a ball that breaks your window? Not likely but many would feel morally obligated to pay
Many contractors simply absorb these expenses as a cost of doing business. Some carry coverage that has nothing to do with fault but pay it under a good will doctrine. Because this contractor did not honor this payment may me his legal team instructed him that it may set bad precedent
Well written BUT YOU ARE WRONG.
You are responsible for damages you cause and in a business you are responsible for the damage your workers cause. The hard part is proving who did what. And the other necessary decision is whether collecting is worth permanently damaging relations with a neighbor. Whether they are insured or not has nothing to do with liability for damages to other peoples property. What is right is clear. The contractor refuses to do what is right.
The OP needs to decide whether or not to take further action. Sadly, no matter what he does it will be a thorn is his and his neighbors side.
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I'm interested to know if Rubicon is wrong from a legal standpoint (pointing out FL law), or if he is wrong from the standpoint of your personal opinion. Not trying to be a smarta$$, but you seem very strong in your opinion, and if there are facts to back it up, I would like to hear them.
My personal opinion is that if my landscaper runs over a stone and breaks my window, that would be up to me and my homeowner's insurance company, as it doesn't seem like a negligent act on his part. If his equipment malfunctioned and a mower blade flew into my window, I might think differently.