Legal Question in Construction Law in California

Damage done to my car

My car was damaged and window broken by a large board that was laying in front of a building under construction. At first the contractor had agreed to pay for the damage, but then refused. The only thing I have from his is a business card with no address. I would like to know if I can still file a claim against the owner of the building or the tenant, since they dont want to give me additional info on contractor.


Asked on 1/05/07, 5:03 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Damage done to my car

I'm not really sure what you mean by "file a claim." Seeking damages for negligence is conceptually and procedurally different than, say making a claim against your comprehensive insurance coverage or applying for unemployment.

It is true that a master is liable for the negligence of his servants, and hence the owner of this building under construction is liable for the negigence of his contractors and subcontractors. The legal principle is called "respondeat superior," legal Latin for "the superior shall answer" (for the misdeeds of the underlings).

You would probably start by making a polite but well-documented request for voluntary payment of your damages, and if that doesn't produce results, maybe your next step should be to file a suit in Small Claims Court. You can get a helpful book on how to prepare, file and win small claims matters at any large bookstore.

Read more
Answered on 1/07/07, 1:55 am


Related Questions & Answers

More Construction Law questions and answers in California