Contractor who broke neighbors water line

[asusDFW]

What is the name of your state (only U.S. law)? Texas

This seemed like the most appropriate topic available. I own some land in a rural area and have a guy that comes out once a month to mow it. On his last visit about a week ago he broke water line going to my neighbors house. He shut off the water and did not notify anyone. Later in the day I received notice from someone in the homeowners association, who also witnessed the events after the water line was broken, about what happened. I contacted the landscaper and he admitted what happened but at that time I did not engage him to do anything. I contacted the neighbor to get his side of the story and then decided to call a plumber out to the site. The next day the water was restored and I was billed approximately $350 for the plumbing repairs. I don't think I'm actually liable for the repairs and I would like to get the money back from the landscaper. Do I have a case or did I make a mistake by paying for the repairs myself and not letting the neighbor deal with it.

 

[OHRoadwarrior]

It appears this was between the landscaper and the neighbor. Now you must attempt reimbursement. Not that keeping harmony is not important. Why is a waterline above ground?

 

[Zigner]

It appears this was between the landscaper and the neighbor.

I disagree. The agent of the OP caused the damage. OP is responsible to the neighbor and should seek compensation from the landscaper.

 

[OHRoadwarrior]

I disagree. The agent of the OP caused the damage. OP is responsible to the neighbor and should seek compensation from the landscaper.

Presumably, the waterline is not on OP's property. That is the heart of the matter I am attempting to ascertain. Even mobile home parks have water hookups on the actual lot, the trailer is on.

 

[asusDFW]

It appears this was between the landscaper and the neighbor. Now you must attempt reimbursement. Not that keeping harmony is not important. Why is a waterline above ground?

The water line/meter is not above the ground. It's about 2 inches above the ground. It was covered by a corrugated cylindrical metal tube that was topped by cast iron ring. This unit was probably sticking a couple inches above the ground and that's what the mower hit. There is also a big electrical transformer a foot or two away from the water line, lid, etc.

This guy has been mowing the lot for several years so I'm not sure what was different this time.

 

[asusDFW]

Presumably, the waterline is not on OP's property. That is the heart of the matter I am attempting to ascertain. Even mobile home parks have water hookups on the actual lot, the trailer is on.

I don't think the water line is on my property. If it is my neighbor has bigger issues. As mentioned before there is an electrical transformer that I believe sits in between the two properties. There is one meter/cover to the right which is not hooked up and I presume is for our land. The other (the one that was broke) I believe is on my neighbor's property and is to the left of the transformer.

I believe I would have been within my rights to tell the neighbor to fix it himself and here's the contact information for the landscaper. But we may end up building out there some day and I don't want bad blood with a neighbor.

 

[OHRoadwarrior]

As it was only $350, I agree it is not worth bad blood. As the landscaper caused the damage while on your neighbors property, you were not liable. Give him a call and work it out. If he is as reputable as you appear to be, it will not be a problem.

 

[asusDFW]

As it was only $350, I agree it is not worth bad blood. As the landscaper caused the damage while on your neighbors property, you were not liable. Give him a call and work it out. If he is as reputable as you appear to be, it will not be a problem.

I don't think he's that reputable. He did the damage, walked away, and didn't bother to notify anyone about what had happened. When I called him that night he said he though it was my meter (why would you have a water line going to empty land) and he was going to let me know when he sent me the bill, which I just got in the mail today.

I think I'll send a bill back for the plumbing charges minus the mowing cost and see what happens.

Thanks for the discussion.