Location: Cleveland, OH
My neighbor has been having work done on their house for a while. A woman (their girlfriend) comes over and has random labors do the work with her tools and materials. She pays them hourly.
Last week they were working on a gutter and one of the guys stumbled off a ladder and landed on my car parked in my driveway. It left a dent and pushed in the fender enough I couldn’t open the door. When we discovered the door didn’t open I asked the homeowner. She said she would ask the lady. The lady said the guy fell, is an independent contractor, and is not being paid but is volunteering. She said he is liable for damages because she is not a contractor or crew lead. I think either her or the homeowner are responsible. I have video of her admitting the fall from the ladder and the guy who fell acknowledged it as well. They have been a huge pain in our ass. I want to take them to small claims court. I filed a police report. Who is legally liable, the homeowner, the person paying/instructing/providing tools/buying materials or the random worker?