What are my rights if I was driving by an apartment complex and a guy with a leaf blower blew rocks at my car?

I turned around and got the lawn company’s info and made a claim with my insurance. However, they said they can’t do anything. What do I do now? How can I make them take responsibility?

Asked on December 13, 2015 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless they *deliberately* blew rocks at your car, they probably are not liable.
1) The apartment complex is not responsible for what a vendor or independent contract (a lawn company/service) does; they do not control *how* the workers do their job or direct them (and so are not responsible for a failure of supervision), and do not employ them (and so are not liable as an employer).
2) Moreover, even the workers and the lawn company are most likely not liable. Liability depends on fault. Fault here would be either deliberately trying to blow rocks at your car or being unreasonably careless in how they were using their leaf blowers. But if they were using their leaf blowers the way they should (the way anyone would), they are not liable, because they did nothing wrong--there is no fault.
Sometimes damage is done for which another party is not responsible, and you can only look to your own insurance.


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