Let's say I decide to hire someone to mow my lawn. I schedule a meeting with a maintenance concern, and together we walk my property. I lay out how I want the lawn mowed, what height I want it cut, what days to cut it, and what areas to mow. They accept my terms, and we agree on a price. They are of course, insured and bonded.
During the course of their first visit one of their mowers, operated by one of their own employees, picks up a rock and hurls it through my neighbor's front picture window. Should the story in the newspaper read "Sprkplug breaks glass"??
Should I have been out there, monitoring their progress? Or do I trust in the fact that they are professionals, but acknowledge that accidents, do in fact happen? Does an accident always have to imply negligence on someone's part? Am I to blame for breaking that window? They were after all, mowing in the manner I outlined to them?
In my opinion I didn't break that window. Yes, they were working for me, and yes I told them where to mow. But I relied on them to take my directions and implement them in a safe manner. Do I need to follow their mowers around, calling out obstructions and hazards, or can I rely on my contractor to carry out the job professionally?
Ah sparky, if only that's what had happened. Instead, I hired a company to provide me water for my cattle. The company I hired doesn't have all their own infrastructure and they sub contracted a trucking company to bring me their water. When the water was delivered, it was contaminated. The company that I hired DOES get to wear this. The company I hired DOES have to face the music, be liable for any damage, and apologize to me. I don't give two craps about the company I hired's personal issues with their subcontractor. Those two can sue each other all day for all I care. There is only ONE entity liable to me and one that owes me my money back.
sparky, you are couching this in straw man arguments.
I just got a new pond, I made it twice because I aint so bright.
