Liability if landscaper damaged

Member since 2021 · 15 posts · 7 votes

So I have a situation where my landscaper of a short-term rental accidentally damaged a chain link fence of a neighbor. He went back and fixed it and it's fairly secure. However she wants it fixed to the original state and the guy who fixed the fence is quoting her $400 to fix this. Is my landscaper liable or am I? My landscaper does not want to pay so much but he was willing to work with her and was hoping that the fence guy had a warranty on it but apparently he doesn't. So my question is would I have to pay for it then?

1 Reply

97 views

Most Popular Reply

Zachary Ware

Member since 2022 · 405 posts · 455 votes

Does your landscaper have insurance? I would presume this is his responsibility. I have had a landscaper who was mowing the yard and threw a rock into of my tenant's car window, they had it fixed in a week. I believe they have business insurance that covered the cost.

1 Reply

See this reply in the discussion

8 Replies

Jump to latestLatest

Sort by

Zachary Ware
Member since 2022 · 405 posts · 455 votes
3y
Does your landscaper have insurance? I would presume this is his responsibility. I have had a landscaper who was mowing the yard and threw a rock into of my tenant's car window, they had it fixed in a week. I believe they have business insurance that covered the cost.
1 Reply
Greg M.
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
3y
If landscaper is an independent contractor, they are liable. If landscaper is an employee, you are liable. What they are will be based on local laws, and how it is defined may surprise you.
0 Reply
Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
3y
No doubt the 'landscaper' i.e. gardener is working independently and therefore is 100% responsible, However most gardeners will not carry liability insurance, and then the neighbor can and will come after you. I hope this is not the case, but be ready....
0 Reply
Bjorn AhlbladPro Member
Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
3y
Landcaper already said he will pay for part so land lord surely you can come up with the rest?
0 Reply
Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
The landscaper is responsible and should pay to restore it to its original condition. His insurance deductible is probably $500 or more, so he will have to pay this out of pocket.
If the landscaper refuses, then I suggest it's your responsibility to make your neighbor whole since you invited the landscaper onto your property. Then you would go after the landscaper to compensate you.
The DIY Landlord Book4.7247 Reviews
Website View Page
0 Reply
Richard F.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
3y
Quote from @Dilini Peiris:

So I have a situation where my landscaper of a short-term rental accidentally damaged a chain link fence of a neighbor. He went back and fixed it and it's fairly secure. However she wants it fixed to the original state and the guy who fixed the fence is quoting her $400 to fix this. Is my landscaper liable or am I? My landscaper does not want to pay so much but he was willing to work with her and was hoping that the fence guy had a warranty on it but apparently he doesn't. So my question is would I have to pay for it then?
Aloha,

You state the fence is now "fairly secure". Not sure how you damage a chain link fence in that manner unless you run into it with a riding mower, but this is ENTIRELY on the so-called landscaper.
What the landscaper "wants to pay", or not, is irrelevant.

Provide the neighbor his contact and business information for their insurance claim; or, pay for it yourself promptly, and deal with the landscaper yourself.

There is a reason legit PM's utilize licensed and properly insured vendors. This is one of them. The "tools of the trade" for landscapers are violently dangerous and can cause a great deal of damage and injury in the blink of an eye. Damage and injury that will be YOUR responsibility if they are not properly licensed and insured.
1 Reply
Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
3y
Quote from @Richard F.:

Exactly! The neighbor fixes the fence to his satisfaction and bills the landscaper. If the landscaper refuses to pay, then it's on you....
0 Reply
Bob S.
Real Estate Consultant · Cleveland · Member since 2020 · 6k+ posts · 3k+ votes
3y
Quote from @Dilini Peiris:

So I have a situation where my landscaper of a short-term rental accidentally damaged a chain link fence of a neighbor. He went back and fixed it and it's fairly secure. However she wants it fixed to the original state and the guy who fixed the fence is quoting her $400 to fix this. Is my landscaper liable or am I? My landscaper does not want to pay so much but he was willing to work with her and was hoping that the fence guy had a warranty on it but apparently he doesn't. So my question is would I have to pay for it then?

1st thing you need to is hire a PM co, 2nd of course the landscaper is to pay,
0 Reply

Join the conversationCreate a free account to reply, vote on answers and follow this thread.