Damaging Customer's Property

[M-Lawn]

Jurisdiction

Alabama

Howdy everyone,

I own a lawn care business in Alabama (sole proprietor). While mowing, often times rocks can get kicked up by the mower or trimmer and therefore, potentially cause damage to cars, windows, etc. Since I'm not the one who put the rocks (or other debris) in the yard, and therefore have little to no control over them randomly getting kicked up, am I accountable to reimburse the customer for repairs in such a scenario?

Thanks,
-Mike

 

[zddoodah]

Generally, no. Specific facts might dictate a different result. Do you have appropriate business insurance?

Also, putting aside legal issues, you may have to make a business decision between sticking to "I'm not liable" and losing a customer.

 

[Zigner]

...and what if a rock or other debris is kicked up and damages someone's property who is not your customer?

 

[adjusterjack]

I accountable to reimburse the customer for repairs in such a scenario?

Possibly.

There is a doctrine in negligence law called "knew or should have known" which could impose upon you constructive knowledge of a hazard and a duty to eliminate the hazard.

In short, check for rocks before you mow. If you can see them, remove them.

And make sure you have the proper business liability insurance.

Even if you aren't liable, the cost of defending a lawsuit could run into thousands of dollars.