QUESTION

Contract Painter spilled paint on my car.

Asked on Nov 27th, 2014 on Litigation - California
More details to this question:
I am a tenant. The landlord hired a painter to paint the carport. I was told it was OK to park my car in the carport by the landlord. Fresh paint dripped on my car. Is it the landlords problem for allowing me to park my car or the painters problem for applying too much paint?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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There is a general rule of law that a person who hires a licensed contractor to perform construction work is not liable for the negligence of the contractor. If the painter is not licensed, then he is considered an employee of the landlord, and the landlord is liablie for any damage he does. The landlord might have been separately negligent for telling you that it was okay to park in an area which had just been painted. If you made a claim against your landlord and the landlord retaliated against you, retaliation is a defense to eviction.  My family are landlords. So I may be a little biased. You are going to have a continuing relationship with your landlord. I would not risk that over the paint problem. I recommend seeking reimbursement for the cost of repairing your car from the the painter only. If you appreciate this free advice, please remember to refer me to any of your friends or acquaintences who need a lawyer. Referrals are still our best source of new business. Dana Sack  
Answered on Nov 28th, 2014 at 12:57 PM

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