Who should pay for the repair of damage to a home caused by an employee of a business?
Question Details: I purchased shrubs from a garden center/nursery and paid them to remove old shrubs and plant the new shrubs. While removing the shrub root, the workers employees damaged my front stone steps. This requires hiring a mason to make the necessary repairs. Whose responsibility is it to make the arrangements for the repairs and who, must pay for those repairs?
The nursery and/or the employees who did the damage are liable, or responsible to pay for, the damage: the employees are liable because they negligently, or carelessly, damaged your property, and their employer is liable because under the theory of "respondeat superior" ("let the master answer"), an employer is responsible for the careless acts of its employees committed during the course of employment. If neither the workers nor their employer voluntarily agrees to pay, you could sue one or both.
While they could offer to arrange for the repairs, too, the law would not make them do that--their responsibility is to pay, not to do the work or hire someone to do the work.