Legal Question in Consumer Law in Maryland

property damage

Do I have legal recourse when in the process of having trees removed from my property, the company providing the tree service damaged an exisitng stone pathway in the yard? The contract doesn't stipulate the absence of any liability on the company's part for any action resulting in damage.


Asked on 10/04/07, 7:39 am

1 Answer from Attorneys
Eugene Policastri Bromberg, Rosenthal, LLP

Re: property damage

A contractor who works on your property is liable for any and all damage that happens as a result of his negligence in performance and must repay for any damages that are related.

Most general liability insurance policies will provide coverage for a property damage claim done to property NOT the subject of the work. So, in this case, it is a tree removal contractor who damages an unrelated stone walkway - thus if there is a general liability policy it should cover.

Your measure of damages woudl be the cost to repair the walkway to its pre-damage condition.

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Answered on 10/04/07, 9:21 am


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