Not at all.
If a person or company engages another party to carry out a service, then they are responsible for the results.
When our piece-of-garbage Kleenmaid dishwasher flooded our previous home some years ago, Suncorp gave the repair job to a bunch of charlatans who they then had on their FNQ repairers panel who then proceeded to do everything on the cheap, even though some of the sub-contractors were never paid.
One unfortunate sub-contractor was a local removal business who had to remove a lot of our furniture so that the polished timber floors could be rectified, and in the process, they managed to reverse their truck over the edge near the bottom of our steep driveway, resulting in damage to it.
When I rang the Suncorp assessor, his immediate cop-out was “We don’t cover driveways”.
I acquanted him with what my sister, a now retired barrister, had already advised me using an example of a person who has a medical procedure which goes wrong and subsequently has a worse result with the next specialist.
She said that the second specialist is not liable as the first specialist was incompetent.
Old mate got the message but fortunately the removal business had their own insurance which paid us for the damage.
A few years later, we had some promblems with the defective work the charlatan had carried out and Suncorp’s first response was that they had to give this clown first call to rectify the problem, but by this time, the business was long gone.
When our previous residence was constructed and we had problems with water ingressing through the downstairs wall, we called QBCC or whatever “Clown Central” was called in the 1990’s.
Their response was that they could not recommend, let alone tell, the builder what to do as if the problem was not rectified, the builder would simply say that they did what they were told and it did not work, so it is not their fault.
