If my car was damaged in an apartment complex by a person the complex contracted to remove snow, can I ask the complex to cover the cost for the repairs?

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If my car was damaged in an apartment complex by a person the complex contracted to remove snow, can I ask the complex to cover the cost for the repairs?

Asked on January 28, 2016 under Accident Law, Maryland

Answers:

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

Answered 5 years ago | Contributor

If the snow remover was an employee of the apartment complex, the apartment complex is liable for the negligence of that employee because an employer is liable for the negligence of an employee which occurs in the course and scope of employment. 
If the snow remover was an independent contractor, the apartment complex is not liable for the negligence of that independent contractor.
If the case is settled with the appropriate insurance carrier based on the above (apartment complex and/ or snow remover), NO lawsuit is filed.
 If the case is NOT settled, file a lawsuit for negligence.  If you are uncertain whether the snow remover was an employee or independent contractor, name both the snow remover company and the apartment complex as defendants in your lawsuit for negligence.
Your damages (monetary compensation you are seeking in your lawsuit for negligence) would be the cost of repairs (property damage) to your car.


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