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Customer damaged my tractor. Is he liable for the cost of repairs?

CaliforniaLawsuitPayment DisputesRecovery OptionsRight to Lien

A customer of mine asked to use my tractor for some light work on his property. He cracked the boom and broke the hydrolic arm. Is he liable for the whole repair? I own a septic and plumbing company since 2006 but have been going through a divorce since 2009. I informed the property owner my licence was not active I was there as a subcontactor. The home owner was responsible for all permits. The work I did there on his property took over 6 months to complete. I also have a study job at the home depot. I would leave my tractor there and come up on the weekends to do work the homeowner requested. I put in 2 septic systems with no problems. I got a call from his "Forman" asking if he had permission to move some dirt. I said it was ok . Later on that day I got a call from the forman telling me that when he was driving it to put air in the tire the back arm was swingging and ready to fall off. The hour meter shows the tractor was running for three hours. I spoke with a equiptment mechanic and farm equiptment expert on justanswer.Com who told me that the only way the damage to the boom could of happend was somebody used the tractor and tried to carry way beyond the load compacity which was 11,000 pounds. The work I did there didnt exceed 800lb load. The home owner had large stone bathtubs on his property. I believe they tried to move them with my tractor. I left my equiptment there because the homeowner had installed a security system and cameras all over his property to watch his employees. He claimed the cameras were not on that day. He claims no responsibility for what happened. It has been almost a year and he has offered me no more than $1500.00

1 reply

Jul 1, 2020
If your customer used your equipment and caused damage to it - they should be responsible for repairs. This is especially true when their use was unauthorized - like using the equipment for unapproved work. Granted, if there's a written contract, then the terms of that contract will be binding - so if you have waived any rights there, that could affect your ability to recover. For help collecting money for repairs, it could be helpful to threaten to bring claims against the customer by sending a demand letter. Additionally, consulting with a local California construction lawyer would be helpful to determine how to force payment. And, if you want to bring claims but also want to avoid the costs and stress that come with legal claims, taking the customer to small claims court could be an option as well.
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