Neighbor's Contractor Caused Damage

[viggo555]

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

My neighbor hired a contractor to replace his retaining wall. He asked if it was okay for the contractor to enter my property if need be to do some work and I verbally agreed and told him I'd leave my side gate open on the day they started the job.

When I returned from work that evening, I saw that the contractor did not use my side gate to enter my property, but rather drove a heavy machinery backhoe from my neighbor's property into mine damaging my lawn, flower gardens and left a huge pile of dirt. And there is no barrier between our yards since last week, so I have to walk three dogs, rather than let them go into their own yard--just adds on to the Pain in the butt this has become. To say I was shocked and disgusted is to say the least.

Speaking with my neighbor, he expressed regret and that he was unaware the contractor would be barreling through my property with this truck. My neighbor is assuring me that they will 'take care' of our yard. The thing that concerns me greatly is that he mentioned he will 'take care' of it by having it reseeded. I told him that I am not looking to start from scratch with my yard and that the condition it was in took years and a lot of money and work on my part to get there and I'd be looking for estimates from a landscaper. At this point, he backed off and started saying that the contractor is going to 'make everything right.'

My question --who is solely responsible for repairing the damage done to my property? Thanks for any help/advice. I am so upset with this situation right now.

 

[Mass_Shyster]

The contractor is liable for any damage he did. Your neighbor did not cause the damage, and is not liable for damage done by the contractor.

 

[viggo555]

So, even though the neighbor hired this contractor--wouldn't the contractor be acting as the neighbor's agent? It just seems crazy that the neighbor could pay off the contractor when their job is complete and let him go his merry way and I'd be stuck trying to chase this company down to have them fix my yard.

They came back to work today after skipping a few days, so I guess I'll be trying to get in contact with the owner of the company today.

 

[Mass_Shyster]

So, even though the neighbor hired this contractor--wouldn't the contractor be acting as the neighbor's agent? It just seems crazy that the neighbor could pay off the contractor when their job is complete and let him go his merry way and I'd be stuck trying to chase this company down to have them fix my yard.

That's correct. A principal is not liable for the torts of his agent unless the principal is a master (employer) , the agent is his servant (employee), and the master controls the manner and means in which the work is performed.

 

[justalayman]

if it gets to the point of having to sue, I would include both the contractor and the neighbor as defendants though. The last thing you want to deal with is the contractor saying "but the homeowner said it was ok to do what I did. They told me they asked the neighbor. To the repair; they said the neighbor was fine with what I did"