Neighbor's Fencing Contractor Destroyed My Irrigation System And Landscaping. Who Is Liable Here?
Location: Oregon
Last Tuesday I came home from work to find my side yard completely torn up. My neighbor hired a local contractor to replace his wooden fence. The workers decided to park their heavy machinery on my side of the property line to acces the panels.
They crushed my underground irrigation system and completely ruined a long row of mature rhododendrons. I immediately went out and stopped them. The foreman told me my neighbor gave them explicit verbal permission to use my yard for the machinery.
I confronted my neighbor about it. He completely denied saying that and claims he specifically told the foreman to stay on his side of the lot. He refuses to give me his homeowners insurance info.
The fencing company sent me an email yesterday saying they are not liable because they were "following the client's directives". They told me to take it up with my neighbor directly.
The damage is around $4,500 according to a landscaper I had come out on thursday. Nobody is taking responsibility and I am stuck with a broken sprinklar system right as the summer heat is starting to hit.
Do I have to take both of them to small claims court and let the judge figure it out? Can I just sue the fencing company since their workers actually caused the physical damage? I dont want to waste time suing the wrong party.
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