What to do if an uninsured tree service that we hired caused damage to my neighbor’s property?

An Amish contractor is cutting a tree down for us. When they were trimming the branches one supposedly feel on the neighbor’s garage and caused some damage to the the shingles and cracked a truss on the inside. The Amish company does not carry insurance. Are we liable? The neighbor requested that the company not come back because they don’t want more damage. We already paid the contractor. What type of liability do we have? Are we required to pay for the damages out of pocket? Will homeowners cover it?

Asked on March 7, 2019 under Real Estate Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, a homeowner is not liable for damage done by an independent contract (which is an independent person, separate from the homeowner) whom they hired to do work. The contractor would be liable for any damage his employees did negligently or carelessly and could be sued, but the homeowner who hired the contractor is not responsible.

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