If a contractor’s tools are stolen while they are working on a job, can the client be held responsible?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a contractor’s tools are stolen while they are working on a job, can the client be held responsible?
Over a year ago construction was being done at my local church and the some of the workers left their tools behind in the building. However the church was broken into and some of the tools were stolen. Now the contractor is demanding that the church reimburse him for his stolen tools. There was never an agreement that the church was responsible for stolen goods, and many feel that it is unethical that the man ask for reimbursement because he was never required to leave behind his tools and the church was not responsible for being broken into. A police report was likely to be written, but it was left at that and nothing more. Is the church responsible for his stolen goods?
Asked on July 20, 2014 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
A person, business, or church is very rarely responsible for the criminal acts of others--only if it did something to greatly increase the odds of the crime happening. So if, for example, the church failed to lock its doors and that's why tools were stolen--it was a crime of opportunity, and the church created the opportunity--they might be liable. Otherwise, unless the church was actually involved--such as a church employee stole the tools *for the church's benefit*, such as to sell them to raise money for the church--they should not be liable.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.