What to do if I had a lawn business and hired a guy though a temp agency who hit a car with some rocks which we got it fixed but now that the owner of the car says it’s not done right?

We never any paperwork; no insurance involved.

Asked on July 11, 2015 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are liable for the actions of your employees, including temp employees. If an employee damaged someone's car, you are liable to either pay the cost of the repairs or, if the car's owner agrees, to have it repaired; if you you have it repaired, it must be to a professional standard. If it was not repaired to a professional standard, then you would be liable for the cost of having the repairs redone.

If you disagree and feel the repair was done correctly and to a professional standard, you could refuse to pay more. The car's owner could then try to sue you if he wanted; to win, he'd have to prove in court that the repairs were not adequate. If he could do that, he would get a judgment in his favor for the cost to redo the repairs. You in turn could provide evidence that the repairs were sufficient.


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