Can I claim for damages to a third party business?

UPDATED: Oct 1, 2022

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Can I claim for damages to a third party business?

A company based next to us is a concrete supplier who has polluted the air and caused lime and concrete dust to come over the walls onto my vehicle and I am now struggling to get off the paint, it is now going to cost me money to have sorted as the paint work was in very good condition and is now starting to damage. The environmental agency has been out but advised to follow with a civil matter?

Thanks Dale

Asked on March 29, 2019 under Business Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Successfully suing depends on whether you can show that the way they manage their materials and the steps they take to avoid pollution to adjoining properties is reasonable or not. If someone is at fault in damaging your property or causing your costs, they are liable for the damage they do or costs they cause. Fault depends on negligence, which is unreasonable carelessness. So the issue becomes: are they careless? If they are violating any pollution, sanitary, etc. law, regulations, or ordinances, that would show that they are at fault--it is not reasonable to not follow laws like that. On the other hand, if they are in compliance in all laws, it may be difficult to win a suit, since there is a presumption that if they are complying with all relevant ordinances, regulations, etc. that they are acting in a reasonable fashion.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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