Who to I sue if I’m my roommate owns our condo and my car was damaged during a roof repair?

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Who to I sue if I’m my roommate owns our condo and my car was damaged during a roof repair?

It is managed by a HOA which hired a contractor that replaced a sheet metal roof of the carport. The HOA gave no notice the work was to take place and my vehicle was damaged by sheet metal while they worked above my car. The contractor said they didn’t do it and the corrugation lines up perfectly with the scratches. So who do I sue, the HOA or the contractors? I believe it should be HOA because they are responsible for their contractors, correct?

Asked on July 1, 2013 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You sue them both: the contractors, because they evidently caused the damage; and the HOA, because it hired the contractors. Let the contractors and the HOA fight it out between themselves who would have to pay what; your interest is in getting compensation, and to do that, you should name every party which reasonably may be liable or responsible.


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