company employs 3rd party installers; installers causes damage to customers property, whose at fault?
Bernies Design employs a team of furniture installers in Chicago, but for installations in other parts of the country it contracts with local third-party installers. These third-party installers own their business but have signed a contract with Bernies that governs the relationship between the parties. These employees do not wear Bernies uniforms.
A situation has arisen with Terry Furniture Installers, a third-party installer of Alston furniture with which Bernies often contracts for installations in Minneapolis, Minnesota. While installing cubicle walls in the customer’s office, one of the installers inadvertently severed a network cable. The customer’s employees were unable to work for a day and a half until the cable could be replaced.
The customer want bernies and terry to pay for damages. Whose at fault.
3 Responses
INSOMNIAC
16 Apr 2010
Watching our emp
16 Apr 2010
General contractors are responsible for the damages done by their subcontractors.
gaylene B
16 Apr 2010
If Bernie hired Terry to do the job, and Bernie got paid for the job, Bernie is responsible to the client for any damage done. Bernie can always sue Terry to recover.
Technically, Terry was acting as Bernie’s "agent" in this case.
All of them are responsible for the damages and the employer may be held accountable for some of the expenses if they failed to notify the installer of the cable’s location.~