What are my rights if I was driving by an apartment complex and a guy with a leaf blower blew rocks at my car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if I was driving by an apartment complex and a guy with a leaf blower blew rocks at my car?
I turned around and got the lawn company’s info and made a claim with my insurance. However, they said they can’t do anything. What do I do now? How can I make them take responsibility?
Asked on December 13, 2015 under Accident Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Unless they *deliberately* blew rocks at your car, they probably are not liable.
1) The apartment complex is not responsible for what a vendor or independent contract (a lawn company/service) does; they do not control *how* the workers do their job or direct them (and so are not responsible for a failure of supervision), and do not employ them (and so are not liable as an employer).
2) Moreover, even the workers and the lawn company are most likely not liable. Liability depends on fault. Fault here would be either deliberately trying to blow rocks at your car or being unreasonably careless in how they were using their leaf blowers. But if they were using their leaf blowers the way they should (the way anyone would), they are not liable, because they did nothing wrong--there is no fault.
Sometimes damage is done for which another party is not responsible, and you can only look to your own insurance.
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 AttorneyPages.com 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.