QUESTION
Who is liable on a property damage caused by the dumpster rental company when they dropped off the dumpster?
Asked on Mar 28th, 2014 on Personal Injury - Washington
More details to this question:
I just had my roof replaced by a licensed and insured contractor. A sub contractor dumpster rental has caused significant damage to my driveway. Who is responsible is it the roofing contractor or the dumpster rental company who actually did the damage when they dropped off the dumpster. I have lots of pictures showing the dumpster with the matching damages beneath its supports. We only have a contract with the roofing company in which there is no waiver of rights or liability. The dumpster rental company was subcontracted without any additional contract with us. I want to insist on have the whole repaired and the whole driveway sealed so that an ugly patch doesn't show in the middle of the driveway. Is having the driveway sealed asking too much? Thanks so much.
6 ANSWERS
Edwin K. Niles
In my opinion, the contractor and the sub-contractor are both responsible. Is it under $10,000? If so, think about small claims court.
Answered on Apr 02nd, 2014 at 8:18 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should see an attorney. Generally would sue the party with whom you were contracted with which in turn would third-party in the dumpster company. Repair of the damages to include the resurfacing or ceiling of the entire driveway is a fact question which I cannot answer at this point.
Answered on Apr 01st, 2014 at 4:40 AM
James Eugene Hasser
You can look to either or both.
Answered on Apr 01st, 2014 at 4:40 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The prime contractor is liable for damages done by his subs or employees. Read your contract carefully.
Answered on Apr 01st, 2014 at 4:40 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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You have a possible negligence and property damage claim against the dumpster company. The contractor may also be liable under the theory of agency.
Answered on Apr 01st, 2014 at 4:38 AM
Thomas Edward Gates
The roofing contractor is responsible for his subs. You only expect the damaged driveway replaced.
Answered on Mar 31st, 2014 at 11:44 PM