What should we sue

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What should we sue

What should we do? After the hurricane we needed a new roof. We hired a roofing contractor to replace it. They started the work and the trucks that brought the roofing supplies to my home weight in at 8 tons and broke our driveway in several places. The trucks were not from the roofing contractor but a new company that they brought the roofing supplies from. Which company should we sue? The roofing company is the only invoice we paid and received.

Asked on May 24, 2018 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Sue both companies for the cost to repair your driveway. The one that drove the trucks would liable because when you negligently or carelessly damage a another's property, such as by driving too-heavy trucks on it, you are liable. That is presumably the company providing the roofing supplies. The roofing company might be liable, too, depending on the amount of control they exercised in this situation, the nature of the relationship between the companies, and what any contract between them says. Since either or both may be liable, you sue them both to maximize your chance of winning and getting compensation; let them fight it out among themselves as to which one has to pay you.


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