neighbor damage

[maggiemae45]

What is the name of your state?What is the name of your state? Michigan
I hired an uninsured landscaper to cut down trees in my yard. The top of one tree hit my neighbors swing set makeing a small dent in one of the leg poles. She is saying saying I have to buy her a new swing set because he wasn't insured. The landscaper told me that he was going to repace the dented pole, but would deal with her husband as they were friends. The husband had even offered to help cut the trees but didn't. Please tell me what to do.

[HomeGuru]

What is the name of your state?What is the name of your state? Michigan
I hired an uninsured landscaper to cut down trees in my yard. The top of one tree hit my neighbors swing set makeing a small dent in one of the leg poles. She is saying saying I have to buy her a new swing set because he wasn't insured. The landscaper told me that he was going to repace the dented pole, but would deal with her husband as they were friends. The husband had even offered to help cut the trees but didn't. Please tell me what to do.

**A: what do you want us to tell you?

[seniorjudge]

Let the landscaper replace the pole.

[maggiemae45]

Michigan So am I responsable to replace the swing set or anything

[seniorjudge]

Michigan So am I responsable to replace the swing set or anything

Yes, the pole your guy damaged.

[BelizeBreeze]

Michigan So am I responsable to replace the swing set or anything

As your agent, the landscaper damaged property belonging to another. His 'agency' directly creates a responsibility on your part.

What you should have done is insist he carry insurance. That aside, you are responsible for his actions.

HOWEVER, you are ONLY responsible to the neighbors insofar as to make the 'whole'. Not to replace their used swing set with a new one but to place them in the same or similar position as they were before your agent damaged their property.

Having the landscaper replace the pole with a like pole (same color and construction) is what the law will require of you. Anything else let the neighbor sue.

And KEEP receipts of any work done or materials purchased.

[maggiemae45]

Michigan
So if the landscaper was insured then he would be responsible and not me

[seniorjudge]

Michigan
So if the landscaper was insured then he would be responsible and not me

Insurance has nothing to do with liability; re-read BB's post.

[maggiemae45]

Then how would him haveing insurance help me

[seniorjudge]

Then how would him haveing insurance help me

If he had run over and killed the neighbor's kid while working for you and you, as his principal (he is the agent) had been sued for a million dollars, his liability insurance would've paid (had he been found liable) and you would not have had to pay.