Damaged equipment

[Spence]

In November 1999 my small business hired a rigging company to move some heavy machinery from our factory floor onto a truck. During the process they dropped one of the machines and damaged it. It was dropped by their forklift driver using their forklift.

We (unfortunately) paid them in full ($1600) once the job was completed. We then got a repair estimate from the machinery dealer. The estimate was for $1400.

I have contacted the rigging company for months trying to get reimbursed, but the owner does not return my calls and the salesman that we originally dealt with just blows us off. I have sent them copies of photographs showing the damage to no avail.

It seems like I'll have to spend $1000+ to hire an atty and sue them. What are my options? We are in Bronx county, NY. The rigger is in Queens county, NY.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Spence:
In November 1999 my small business hired a rigging company to move some heavy machinery from our factory floor onto a truck. During the process they dropped one of the machines and damaged it. It was dropped by their forklift driver using their forklift.

We (unfortunately) paid them in full ($1600) once the job was completed. We then got a repair estimate from the machinery dealer. The estimate was for $1400.

I have contacted the rigging company for months trying to get reimbursed, but the owner does not return my calls and the salesman that we originally dealt with just blows us off. I have sent them copies of photographs showing the damage to no avail.

It seems like I'll have to spend $1000+ to hire an atty and sue them. What are my options? We are in Bronx county, NY. The rigger is in Queens county, NY.<HR></BLOCKQUOTE>

My response:

The rigging company is not responsible. They were your agent, and you were the principle. All acts of the agent are the responsibility of the principle. In other words, they were doing for you, that which you could have done for yourself, but for your lack of equipment to do the work. The only time they would be responsible is if they did something malicious to damage your equipment, not negligence.

Where is your insurance policy that you took out on the business in this equation?

IAAL


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[This message has been edited by I AM ALWAYS LIABLE (edited May 21, 2000).]

 

[Spence]

Does that mean if I hire an electrician to install a light fixture in my office and he winds up burning down the building, he's not responsible because he's my agent?

It's not clear what defines "an agent." Please elaborate. Thanks.