What is my liability if I ordered a truckload of sand but due to driver error the truck went off my roadway and got stuck?

UPDATED: Nov 19, 2014

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What is my liability if I ordered a truckload of sand but due to driver error the truck went off my roadway and got stuck?

Company said it would send a tow truck to pull him out but said I would have to pay $1200 tow fee. Company wound up sending another truck loaded with stone to pull the stuck truck out and then dumped the stone and is charging me $470. Is this ethical or legal?

Asked on November 19, 2014 under Business Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, it is not legal. You would only be liable if 1) you were at fault in some way, such as by not maintaining your roadway properly; or 2) you'd signed an agreement agreeing to be liable for any costs or accidents. Propertly owners are *not* liable for accidents on their property simply because it occurs on their property. In the absence of 1) or 2), it should not be your responsibility or cost, and you may have grounds for legal action.

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