Are You Responsible for Damage Caused to Someone Else's Property by a Contractor who is Performing Work for You?
The Issue:
You hired an independent contractor to perform repair work at your property. Your contractor has negligently caused damage to a neighbor's property. Are you liable?
The Answer:
Under New York law, a property owner is generally not liable for the negligence of an independent contractor unless the contractor was hired to perform inherently dangerous work or the property owner was negligent in selecting that particular contractor. This is the conclusion that was reached by the Appellate Division for the Second Department in a decision issued on August 25, 2009, in the matter
Liberty Mutual Fire Insurance Company v. Akindele (2009 NY Slip Op 06317).
In the Akindele case, the Court dismissed the plaintiff's case, ruling that "the defendant homeowner demonstrated her prima facie entitlement to judgment as a matter of law by establishing that the subject fire was caused by the negligence of an independent contractor, for which she was not liable (
see Chainani v Board of Educ. of City of N.Y., 87 NY2d 370, 380-381;
Kleeman v Rheingold, 81 NY2d 270, 274;
Chorostecka v Kaczor, 6 AD3d 643, 644). In opposition to the motion, the plaintiff failed to raise a triable issue of fact as to whether the defendant was negligent in hiring the independent contractor, who had been recommended to her by a trusted friend based upon his prior satisfactory work (
see generally Farnsworth v Brookside Constr. Co., Inc., 31 AD3d 1149, 1151;
Bellere v Gerics, 304 AD2d 687, 688;
Sanchez v United Rental Equip. Co., 246 AD2d 524, 525;
Dube v Kaufman, 145 AD2d 595, 596).
How to Protect Yourself:
You should exercise due diligence in selecting a contractor. If the contemplated work must be performed by a licensed contractor, make sure that the contractor is, in fact, duly licensed. Check the contractor's references. Make sure that the contractor is bonded and insured. Do your homework in advance, so that you are protected if things should go wrong.
The above article is brought to you by the Rapaport Law Firm, PLLC, a full-service law firm located in the Empire State Building in Manhattan. The Rapaport Law Firm was founded by New York attorney Marc A. Rapaport. We handle commercial, employment, landlord-tenant, and matrimonial matters throughout New York and New Jersey.
http://www.RapaportLaw.com.
