Who is legally responsible for repairing the damage caused to my home by a lawn care company?

I live in a community that is run by an HOA. The HOA hires a lawn company to mow the front yards and the common areas. There have been several instances of the lawn mower or weed whipper kicking up rocks and damaging the vinyl siding of the homes. Is the lawn care company?

Asked on June 6, 2017 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The lawn care company is liable if they were negligent, or careless, in causing the damage, such as driving their mower over an obviously or visibly rocky area. But they are only liable if at fault in this or a similar way: they are not your insurer, and do not pay for all damage, but only damage caused by their carelessness. So if they were taking care in how they mowed, etc. and it happened that a hidden or not-readily visible rock were kicked up by their mower, they are not liable for that.


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