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Patio Damage Legal Options
Summary
If a contractor damages your property, you can seek repair or sue for damages. In Pennsylvania, prove negligence by showing duty of care and breach. Document everything, including photos and witness statements. Consult a local attorney for personalized advice.Full Conversation
My family and I are getting a patio put into our backyard. We hired a concrete company to do the patio for us. Today was the first day, where they dig dirt out for placement of concrete later. We told the guys from the company that they can throw the dirt that they dig up behind our fence. At one point, they decided to put their digging machine up against our fence. At one point, the machine slipped, which resulted in part of the fence breaking and being knocked over. What legal action can we place?
Hello ****, I'm sorry to hear about your fence. Legally, you may have a few options:
*. Contact the concrete company and request they repair the damage.
*. If they refuse, you can potentially sue for damages.
*. Document everything related to the damage (photos, notes, etc.).
Always consult with a local attorney for personalized advice.
*. Contact the concrete company and request they repair the damage.
*. If they refuse, you can potentially sue for damages.
*. Document everything related to the damage (photos, notes, etc.).
Always consult with a local attorney for personalized advice.
What are the terms for suing for damages?
In Pennsylvania, some key points to consider when suing for damages are:
- Proof of negligence: Did the concrete company fail to exercise reasonable care?
- Actual damages: Can the cost of fence repair be clearly defined?
- Causation: Can you prove the damages were directly caused by the concrete company?
- Statute of limitations: In PA, you have 2 years from the date of the incident to file a lawsuit.
- Proof of negligence: Did the concrete company fail to exercise reasonable care?
- Actual damages: Can the cost of fence repair be clearly defined?
- Causation: Can you prove the damages were directly caused by the concrete company?
- Statute of limitations: In PA, you have 2 years from the date of the incident to file a lawsuit.
How can we get proof of negligence?
In Pennsylvania, to prove negligence you may need to:
*. Establish a duty of care: Show the company had a responsibility to avoid causing harm.
*. Breach of duty: Show the company failed to meet that duty.
*. Causation: Prove the company's action caused the damage.
*. Damages: Show actual harm, like your damaged fence.
Document everything to support your case.
*. Establish a duty of care: Show the company had a responsibility to avoid causing harm.
*. Breach of duty: Show the company failed to meet that duty.
*. Causation: Prove the company's action caused the damage.
*. Damages: Show actual harm, like your damaged fence.
Document everything to support your case.
how can we establish the first two?
To establish the first two elements of negligence in Pennsylvania:
*. Duty of Care: The concrete company had an obligation to perform their work without causing damage to your property.
*. Breach of Duty: If they acted carelessly, such as placing their machine against your fence, they may have breached this duty. Evidence can include photos, witness statements, etc.
*. Duty of Care: The concrete company had an obligation to perform their work without causing damage to your property.
*. Breach of Duty: If they acted carelessly, such as placing their machine against your fence, they may have breached this duty. Evidence can include photos, witness statements, etc.
thank you!
You're welcome, ****! I'm glad I could assist. Don't hesitate to reach out if you have more questions and remember to consult with a local attorney for personalized advice. Good luck with your situation!
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