| silverTEG |
Last June I had a load of black dirt dropped off by a dump truck company, this was arranged through my builder, not directly with the hauling company.
Anyway when the guy backed up he backed across my blvd on a angle, and then backed over the corner of the bottom right slab of the driveway, thus cracking it.
I had contacted the hauling company a few times, and all he said he would do is pay for the sod he damaged, and kept saying that "I have to provide good enough concrete for him to back up on". Well, fact is he didnt back up where the concrete was strong enough, he got lazy and cut the corner, plain and simple, and the weight of the truck on the corner of the driveway cracked it. If he would have used the whole driveway, there wouldnt have been a problem.
so I have two questions, for those who might know:
Do I have a case to go on?
Do I have too include my builder in the claim seeing that he arranged it?
you help is appreciated! |
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| TrevorK |
If you believe you have a case, you have a case. Small claims court is all about that.
Your lawsuit is with the person who was paid to do the work - if that was the builder, then it's the builder.
At previous jobs, if a subcontractor would have caused problems the company would have sued ours, not our subcontractor - this sounds like a scenario similar to yours.
However, keep in mind that it may be tough to prove that the driver wasn't supposed to drive on the corner of your driveway. I mean, I wouldn't realize the driveway would crack from that since the thought would never cross my mind (Of course, I don't drive a truck for a living either).... |
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| 95IntegraRS |
| Vicarious liability. You can sue the driver of the truck and in turn, the company he works for. Simple as that. |
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| 1985mazdarx7 |
We had that happen last summer when we had concrete poured beside our house the guy backed up the truck just a little to far and went on the side of the driveway and cracked it.
My dad told him it wasn't like that before, but since the crack wasn't severe (like a hairline crack at the last foot of the corner of the driveway) my dad just asked them to patch it a bit and if it cracks more he will be calling them to fix it.
Nothing has cracked as of yet...
But I know how you feel, I'd be pissed off as well..and you do have a case...just look at some of thge stupid things on for example Judge Mathis. If those cases are real, then you should have no problem :D
- Jeff L. |
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| silverTEG |
| thx guys, i havent decided what to do yet. waiting to talk to the hauling company again.... |
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| Insomniac |
Small claims court usually asks that you persue all other means towards settling before going to court.
Make sure to do this and be dillegent in your note taking of all corespondance (make notes and dates, time, what was said, etc.)
In many cases, it is someone's word, against another, and whoever has more/better records is given credibility, and the benifit of the doubt. |
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