If my propane company broke the concrete driveway with their delivery truck, who’s liable for the repair?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my propane company broke the concrete driveway with their delivery truck, who’s liable for the repair?
It is the only place in and out of my property but I have never signed any kind of a disclaimer about the concrete. Should they pay for the repair or should I?
Asked on April 18, 2012 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It depends on whether the company was at fault in doing this. If the driveway was obviously or manifestly too weak or in too bad a condition for the truck but they drove on it anyway, or they badly overloaded their truck, so it was too heavy for driveways of this type, or they did something else intentionally or carelessly wrong that caused the damage, the company might be liable, or financially responsible, for the repair cost. If they didn't do anything wrong however, they would not be; this type of liability depends on fault.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.