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If a homeowner hires a painter who damages a neighbor's car with paint, the painter is primarily responsible for the damage as they were the one performing the work and caused the accident; however, the homeowner could also be held partially liable depending on the circumstances, particularly if they failed to take reasonable steps to prevent the damage, like not adequately protecting the neighbor's car with drop cloths or not properly supervising the painter. 
 
Key points to consider: 
  • Painter's negligence:
    The painter is considered negligent if they did not take proper precautions to avoid overspraying paint onto the neighbor's car, which is considered a standard practice in professional painting. 
     
  • Homeowner's responsibility:
    While not directly responsible for the painter's actions, the homeowner could be held partially liable if they failed to: 
    • Check the painter's insurance:Ensure the painter has adequate liability insurance to cover potential damages. 
       
    • Provide clear instructions:Clearly communicate the need to protect neighboring property and take necessary precautions. 
       
    • Supervise the work: Monitor the painting process to identify any potential issues. 
       
What to do in this situation: 
  • Contact the painter:
    Inform them about the damage and request that they cover the repair costs. 
     
  • Check their insurance:
    Verify if the painter has liability insurance and file a claim with their insurance company. 
     
  • Contact the neighbor:
    Apologize for the inconvenience and discuss a solution to repair the damage. 
     
  • Consult a lawyer:
    If the painter refuses to take responsibility or if the situation is complex, consider seeking legal

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