I am being sued by the owner who sent me the video. He claims that my gardener is putting trash onto his yard. He is including in the suit the costs for the camera. It didn't look like an expensive camera to me. I've never had a dvr, so can you explain, do you mean he took a video of the original video?
There is no legal basis to include the cost of the camera as a portion of the damages owed. Furthermore, even if there was he would have to supply the exact model to you if you asked for it in discovery. That cameras is worth no more than 25 dollars....the dvr maybe 50...I am being sued by the owner who sent me the video. He claims that my gardener is putting trash onto his yard. He is including in the suit the costs for the camera. It didn't look like an expensive camera to me. I've never had a dvr, so can you explain, do you mean he took a video of the original video?
That is correct...I dont know of any state that applies vicarious liability to an independent contractor...*I'm not a lawyer* but that just seems absurd. Hard to imagine you'd have any liability for your Gardner's actions even if they dumped garbage on his property unless they could PROVE you told the gardener to do it. It might not even be a DVR it could be a VCR or DVD recorder.