If my girlfriend works at an assisted living facility and her car was damaged while on-site, should facility be liable for repair costs?

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If my girlfriend works at an assisted living facility and her car was damaged while on-site, should facility be liable for repair costs?

The other day a resident attempted to move her vehicle which was right beside girlfriend’s truck. The resident struck the truck and caused approximately $1000 damage. She has no insurance. They claim they are not liable.

Asked on December 2, 2014 under Accident Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

From what you write, the facility would not be responsible: an employer is not liable for damage to its employee's car unless the employer were at fault in causing the damage, and similarly a business which owns or rents property is not responsible for damage to vehicles on its property unless it is somehow at fault. But if a resident damaged the car, the employer/business would not be at fault--it did not cause or contribute to the damage. Your girlfriend could try suing the resident for the money; she would be liable as the person who negligently (carelessly) caused the damage.


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