If a homeowner hires a painter who damages a neighbor's car with paint, the painter is primarily responsible for the damage as they were the one performing the work and caused the accident; however, the homeowner could also be held partially liable depending on the circumstances, particularly if they failed to take reasonable steps to prevent the damage, like not adequately protecting the neighbor's car with drop cloths or not properly supervising the painter. Key points to consider: Painter's negligence: The painter is considered negligent if they did not take proper precautions to avoid overspraying paint onto the neighbor's car, which is considered a standard practice in professional painting. Homeowner's responsibility: While not directly responsible for the painter's actions, the homeowner could be held partially liable if they failed to: Check the painter's insurance:Ensure the painter has adequate liability insurance to cover potential damages. Provide clear instructions:Clearly communicate the need to protect neighboring property and take necessary precautions. Supervise the work: Monitor the painting process to identify any potential issues. What to do in this situation: Contact the painter: Inform them about the damage and request that they cover the repair costs. Check their insurance: Verify if the painter has liability insurance and file a claim with their insurance company. Contact the neighbor: Apologize for the inconvenience and discuss a solution to repair the damage. Consult a lawyer: If the painter refuses to take responsibility or if the situation is complex, consider seeking legal
这应该是油漆工人的责任吧?我作为房主人,需要负责吗?
如果你街上找来的amigo,那么是你的雇员,你要对他的行为负责。
如果你是找公司来做,那么他们是independent contractor,他们公司赔偿。
这就是为什么雇公司有执照的价格要贵的原因。他们需要买保险。
第一,你去雇这个人来接私活,就是在工人受雇的公司保险体制以外干活。这个工人不管多“专业”,也是你的雇员,而不是独立工人。
其次,如果是你自己油漆,把邻居车伤害了,那么你的homeowner insurance可以赔,这个是个人责任险。
现在的尴尬是,你的homeowner insurance管不管你雇来的人,我不太清楚。如果你要想简单一点,你就说是你油漆房子溅到的,那么你的房屋保险肯定赔。
以后要是图便宜找私人,就要小心一点。看得紧一点。而且大丈夫做事敢作敢当,不要逃避责任,否则赔了夫人又折兵。
牵扯到三方纠纷,责任分析起来比较复杂,如果就是两三千元的修理费,还是走保险好了。
为了邻里和睦,户主可以垫付,然后找工人要赔偿。这是负责任的做法。
如果为了省麻烦,让邻居去找工人要,最后邻居要不到,还是要来告你,这样解决不了问题,也得罪了邻居。
多谢大家提醒
最近旁听了一次小额法庭,看到同样的案例,一个租客的车被Apartment complex喷油器时喷到了。
最后法院判Apartment complex 赔付所有修车费,大概三千多
只供参考
If a homeowner hires a painter who damages a neighbor's car with paint, the painter is primarily responsible for the damage as they were the one performing the work and caused the accident; however, the homeowner could also be held partially liable depending on the circumstances, particularly if they failed to take reasonable steps to prevent the damage, like not adequately protecting the neighbor's car with drop cloths or not properly supervising the painter. Key points to consider: Painter's negligence: The painter is considered negligent if they did not take proper precautions to avoid overspraying paint onto the neighbor's car, which is considered a standard practice in professional painting. Homeowner's responsibility: While not directly responsible for the painter's actions, the homeowner could be held partially liable if they failed to: Check the painter's insurance:Ensure the painter has adequate liability insurance to cover potential damages. Provide clear instructions:Clearly communicate the need to protect neighboring property and take necessary precautions. Supervise the work: Monitor the painting process to identify any potential issues. What to do in this situation: Contact the painter: Inform them about the damage and request that they cover the repair costs. Check their insurance: Verify if the painter has liability insurance and file a claim with their insurance company. Contact the neighbor: Apologize for the inconvenience and discuss a solution to repair the damage. Consult a lawyer: If the painter refuses to take responsibility or if the situation is complex, consider seeking legal