If my property is damaged by workers doing work for my neighbor, who is liable: the workers or my neighbor?

Question

He is having bushes ripped out of his yard, but they are adjacent to my flower beds, which will be damaged in the process. There is no other way to get to them, other than going on my property. What recourse do I have?

I live in Pennsylvania, if that matters.

Answer 1

Sue both

Answer 2

Your neighbor is liable. I would ask them nicely what to do;you dont' want an enemy of a neighbor.

Find a way for them to go on the property without messing up your flower bed, or tell the neighbor that they will need to pay for your flower bed to be replaced or fixed when it's damaged.

What's really scary is if someone does work for you and gets hurt, almost all are not insured and the owner is liable too. Food for thought.

Some neighbors are just pains in the asses and they say, "you can't go on my property." Some people just like to be difficult to be difficult. Anything can be worked out. Being happy neighbors is important so just work with them. Be somewhat flexible as well; removing the bushes will probably make your place better too, plus you'll have a neighbor that will be a support when you need it. Good luck.

Answer 3

Basically I guess the worker is directly liable for damages but your neighbor who is employing the worker or the company that the worker works for may be held subsidiarilly liable in case the worker cannot pay you for damages. In any case try to check with small claims court in PA perhaps you can sue them all and demand from anyone for damages.

This site can help you on Small Claims Court.
http://www.suetheairlines.org/pennsylvania.htm

Answer 4

i'm a roofing contractor and he's physically powerful in what he says with regard to the water working back from someplace else on the roof yet he ought to have long gone up there to work out, whereupon he might have given you a much greater precise value for the paintings. no rely if that's in hassle-free terms a small fix then i might routinely provide a verbal value and do the job for money, that's probable why he doesnt wanna provide an estimate as that is going to circulate for the time of the books. I dont see a challenge if its to not plenty money and he's as you assert community its not in his activity to tear you off as a advice is greater valuable than any commercial.solid success yet get him up on your roof first to work out what the challenge is.

Answer 5

Probably both. Like a crime of complicity, anybody who was there and had an active/passive part but were so agreed toward the end result. ( Hey is Philly still as corrupt as it used to be? No offense, I'm from New York City and it's bad enough there so that I won't ever go back. ) This is the consensus I get.

Answer 6

Be nice, be reasonable. You live in PA, its fall, your garden will die back in a month or two anyway.

If you really want to pursue it, IF they damage anything, talk to the neighbor, neighbor talks to the company, maybe the company docks workers pay.

Answer 7

The person that actually does the work is not liable if he is authorized and/or required by his employer to do what he/she is doing (unless engaging in illegal activities). Your neighbor would be liable for any damages.

Answer 8

It is your neighbor's responsibility,
and he should include this in his
to be done and budget list.
Speak with them and make
certain they understand you
are doing them a favor by
letting them use your property
to easily access what they
need done in their property.

Be nice and firm.
Good luck!

Answer 9

the workers. call the company and explain the situation.

Answer 10

You can decline permission for his contractor (if they are not his employees, they are contractors or employees of his contractor) to enter your yard unless he agrees to be responsible for the damages.