SIGforum
Liability question

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https://sigforum.com/eve/forums/a/tpc/f/320601935/m/4780084594

October 13, 2022, 07:47 PM
old rugged cross
Liability question
I do not have garbage service. But today, unbenounced to me they deliver a residential can to me. When I discovered it they turned around in my driveway and I noticed a bunch of liquid standing there. It had been there awhile and was not soaking in like water would. Had a strange smell to it as well. I took pix of it.
Has probably been there for at least three hours and is mostly still there on top of the ground.

I called the company to report it. The lady was very nice and thanked me for not being irrate over it. She said a supervisor will be in touch, proably tomorrow.


Would else should I do? What would you do and how would you expect the company to handle such a thing?



"Practice like you want to play in the game"
October 13, 2022, 08:18 PM
ZSMICHAEL
I would expect the company to come out and clean up the mess. With most companies there is not a problem.
October 13, 2022, 09:19 PM
ryan81986
I'd imagine it's just dumpster juice which shouldn't really cause an issue as far as damage, just the annoying smell until it's cleaned up.

As for liability, I used to handle commercial auto liability for a living. If it was oil or something else which actually causes damage to your driveway they will be liable for fixing it in whatever way that may need to be done. Whether it be re-sealing, patching or re-paving.




October 13, 2022, 09:39 PM
old rugged cross
Thanks guys
I am thinking it is some kind of fluid. Maybe synthetic. It is on the actual ground. Not pavement.



"Practice like you want to play in the game"
October 13, 2022, 09:44 PM
ryan81986
Grass or just dirt?

Either way if there's actual damage that needs to be fixed or hazmat remediation that needs to be done that will be on them as well.




October 13, 2022, 10:09 PM
old rugged cross
It is a grass dirt combination area that gets driven on.
Yes it may need some remediation due to its location.
In your experience would the company pay the homeowner a settlement for the trouble caused to them by their actions in a matter like this?

Thanks Ryan



"Practice like you want to play in the game"
October 13, 2022, 10:45 PM
ryan81986
No, when it's property damage only you will only be paid the actual amount required to put the property back into the condition it was in prior to the loss.

There are no "pain and suffering" or other types of inconvenience payments made for property damage.




October 13, 2022, 11:30 PM
old rugged cross
OK, thanks Ryan. I appreciate it.



"Practice like you want to play in the game"
October 14, 2022, 09:03 AM
ryan81986
No problem at all. If you have any other questions or need help let me know.




October 14, 2022, 09:45 AM
Georgeair
I would love to see a picture of this and some idea of how long your driveway is.



You only have integrity once. - imprezaguy02

October 14, 2022, 09:59 AM
EasyFire
Based on 40 years in the general insurance business, I would add to Ryan’s good information that there can be additional payments made for extra actual costs incurred while repairs are being made. In addition to legal fees incurred trying to collect the original amounts.

My lawyer brother just collected $9000 from his local gas company that damaged his garden brick wall while laying a new gas line that was originally estimated as a $2000 repair. The gas company had dicked around and found themselves scheduled for a court hearing with a $10,000 estimated bill from their own law firm.


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October 14, 2022, 01:11 PM
ZSMICHAEL
Maybe you could get one of those Camp Lejuene lawyers to run an ad campaign. Did the waste company dump smelly pink stuff in YOUR driveway?? It happened to ORC and could happen to you! Followed by a list of diseases it may have caused. (Just kidding}
October 14, 2022, 03:34 PM
Blume9mm
My question is different...

Why did 'they' whom ever 'they' are, deliver a trash can to you?


My Native American Name:
"Runs with Scissors"
October 22, 2022, 10:44 PM
ryan81986
Any updates?




October 23, 2022, 06:15 AM
rbert0005
I'm guessing it rained and it washed away.

Bob


I am no expert, but think I am sometimes.