Stolen hand railing, my responsibility?

Question

Ron Flatt · Answer

I tend to work with the same folks all time.  Every now and again we have theft.  Usually, we work things out between us.  Sometimes they have something at their shop, or I will have something or I go re buy it.  They usually take care of me on the invoice at the end.  It works for me.

Usually, when I have a theft, it is the neighbors.  When we have theft, I look at neighbors first.  Had one neighbor who thankfully moved and that landlord has a better tenant.  I have not had near the problem with theft, once he left.  Amazing when one person moved, the crime in the area goes down.

My next question, did you speak to the neighbor?

Ned J. · Answer

How much $$ are we talking?

If they left the item in a reasonably secure area, then in my opinion, its on you....if they stupidly left it in plain obvious site for anyone to just wander by and walk away with it, I'd be pissed and getting them to pay for it

Thomas S. · Answer

It will depend on whether you authorised the contractor to leave the railing unprotected on the property. If you did you take on the responsibility for the loss. If the contractor left it their on his own accord he was negligent and should be held responsible for the loss.

Andrew B. · Answer

I think welder is responsible if he did not ask you where to store the item. If you told him it was ok to store it in the backyard, it is your fault. That's just my moral compass, not based on any legal understanding.

Lily R. · Answer

Sounds fishy to me. I mean come on. A mobile welder not knowing a huge hunk of steel would be a theft target since they weren't done working on it? I'm assuming you wanted it welded back in?

Matthew Paul · Answer

Well I am a contractor , once materials are delivered to a jobsite  theft is not our responsibility

James Wise · Answer

That's a tough one. The item itself is an exterior item. It's not like they left a stove outside or something to that effect. So it being on your property & then stolen from your property being an exterior item one can argue they aren't at fault. However, a capable contractor would know that metal is a highly target item for theft as it can be scrapped. The cost of a court case is too high for both you & the contractor to bother with so I think you'll have to work it out amongst yourselves. I imagine the contractor is thinking that you paid him to weld, not store & transport your railing.