Can I claim for damages to a third party business?

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Can I claim for damages to a third party business?

A company based next to us is a concrete supplier who has polluted the air and caused lime and concrete dust to come over the walls onto my vehicle and I am now struggling to get off the paint, it is now going to cost me money to have sorted as the paint work was in very good condition and is now starting to damage. The environmental agency has been out but advised to follow with a civil matter?

Thanks Dale

Asked on March 29, 2019 under Business Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Successfully suing depends on whether you can show that the way they manage their materials and the steps they take to avoid pollution to adjoining properties is reasonable or not. If someone is at fault in damaging your property or causing your costs, they are liable for the damage they do or costs they cause. Fault depends on negligence, which is unreasonable carelessness. So the issue becomes: are they careless? If they are violating any pollution, sanitary, etc. law, regulations, or ordinances, that would show that they are at fault--it is not reasonable to not follow laws like that. On the other hand, if they are in compliance in all laws, it may be difficult to win a suit, since there is a presumption that if they are complying with all relevant ordinances, regulations, etc. that they are acting in a reasonable fashion.


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