A rock thrown by landscaping company broke a window in a apartment complex, who do I try to get damages from, the apartment complex or the landscaping company?

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A rock thrown by landscaping company broke a window in a apartment complex, who do I try to get damages from, the apartment complex or the landscaping company?

I was driving through a apartment complex when a rock thrown by a weed wacker shattered one of my car window. Who do I try to get damages from, the apartment complex or the landscaping company and what is the best way to get them to pay for my window?

Asked on June 18, 2016 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Only if someone was at fault--that is, being negligent, or unreasonably careless--would someone have to pay you for the window damage. The fact that someone damages your property does not automatically make them liable, or financially responsible, for it: that is why people should have insurance with reasonable limits and deductibles, to pay for damage when no one is at fault.
In this case, if there was just a rock in the grass that the landscapper didn't see before the weed wacker hit it, the landscapper did nothing wrong: accidents do happen. And if the landscapper was not at fault, then neither they nor the apartment complex would be liable for the damage. To sue and win, you'd have to prove that either the landscapper or the apartment complex was unreasonably careless in some way.


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