If my AC unit was damaged during a roofing installation, are they responsible for repair of the unit?

They have a time stamped photo taken an hour after work started, showing that the AC unit was damaged. They are saying that it was already damaged, which I am positive that it wasn’t, but I was not here. Their picture shows work had already been started, which tells me that the time stamp is pointless, considering they had plenty of time to damage while working for an

hour, not to mention the only reason you take those pictures after you start work is to show that you damaged it.

Asked on June 23, 2016 under Business Law, Indiana

Answers:

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

Answered 4 years ago | Contributor

If the roofing company damaged your air conditioner, the roofing company is liable for negligence.
Negligence is the failure to exercise due care (that degree of care that a reasonable roofing company would have exercised under the same or similar circumstances to prevent foreseeable harm).
You could sue the roofing company for negligence.  Your damages (the amount of monetary compensation you are seeking in your lawsuit) would be the cost of repairs.
The answer to your question is that the roofing company is responsible for the cost of repairs.


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