A gardener recently broke a resident’s window when a stone flew out from the strimmer he was using. The gardener is employed by a contractor who is contracted to maintain our gardens, and is employed by the management company.
Question: who is liable for the damage to the resident’s window? That is to say, whose insurance company should pay for the repair: the resident’s, the garden maintenance contractor’s, or the management company”s?
The FPRA replies:
The gardener would only be “liable” if there were “negligence”. It would, I think, be quiet hard to show that the gardener was negligent in the circumstances you outline unless there were other factors (e.g. stones had been pointed out and he had been asked to rake first, but did not, or this had happened before and he had been asked to clear first).
External windows are normally part of the building and covered by the block’s buildings insurance, but this depends on your policy wording & scope of cover purchased. There may also be an excess.
I think a practical stance needs to be taken depending on the cost of the replacement, and this treated as a management expense, unless your lease has special provisions (which would be unusual, but always worth checking).