If my propane company broke the concrete driveway with their delivery truck, who’s liable for the repair?

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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 9 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.


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