Company that damaged property won’t refund deposit or take merchandise

Installation tech damaged business property
during instillation. Insurance covers damaged
areas, loss of revenue, but will not refund
deposit for merchandise or pick said merchase
up. What legal recourse do I have ?

Asked on July 11, 2017 under Business Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you have not accepted a settlement from the insurance company and have not signed a release of your claim, your only recourse is to sue the tech's employer for negligence.
Negligence is the failure to exercise due care (that degree of care that a reasonable installation tech would have exercised under the same or similar circumstances to prevent foreseeable harm).  The employer is liable for the negligence of the employee which occurred during the course and scope of employment.


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