What is a delivery company’s liability for damages to a person’s property?

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What is a delivery company’s liability for damages to a person’s property?

A butane service truck came onto my property to retrieve a butane tank. The driver drove on my septic tank and caved in the top of tank. Is the company or the drive responsible?

Asked on March 11, 2011 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Anyone who negligently--or unreasonaby carelessly--damages another's property may be liable damages, so the driver could be liable. Further, employers are often liable for the injuries or damage caused by their employees in the course of doing their jobs, so the compay could be liable, too. If you have insurance of your own that would cover this, the easiest thing is to submit a claim, then let your insurer look for reimbursement, as appropriate. (That way, you don't need to worry about bringing a lawsuit yourself.) Otherwise, submit a claim to the company (who will probaby then refer it to their insurer) and if they or they're insurer won't pay voluntarily, you could sue the company and/or the driver for compensation. Good luck.


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