Subcontractors cause damage. Who is liable?

[V8LM]

This is in the hands of my insurers and their legal agents, so more curiosity than anything else.

My employer, who manages the car park where I park, has contracted to have a new building built. The contractors have subcontracted various bits of the build. Through negligence one of the subcontractors has caused damage to several cars (and street furniture). Who will my insurers go after in the first instance - the employer, the contractor, or the subcontractor?

[PhilboSE]

They will follow the contractual chain of liability. Party A can't go after party C just because they have a contract with party B and party B has a contract with party C.

So your insurers need to go to your employer, who will obviously seek to pass on liability and this will continue until it sticks with someone or everyone denies liability in which case things will get legal and a judge will decide.

[Mr Pointy]

What about if the employer has a sign up in the car park saying 'parking here is at your own risk'?

[TooMany2cvs]

Mr Pointy said:

What about if the employer has a sign up in the car park saying 'parking here is at your own risk'?

Doesn't over-ride negligence (and applies automatically, even without the sign).

You just need to prove negligence...

[Terminator X]

Employer ultimately responsible so them I'd say. Employer would then chase the contractor who would then chase the subie.

TX.

[V8LM]

Thanks.