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Home > Law > Small Claims   »   Driveway

 
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Old Jul 5, 2006, 06:11 AM
fca
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Driveway

I made a verbal agreement with someone who was supposed to dump some dirt on my property. I clearly stated that my driveway would only handle the weight of a 1-ton dump truck. I come to find out that this guy used a single axle or 10-ton dump truck to haul this dirt. The weight of the truck destroyed my driveway. Pieces were broken and slid into my neighbors yard. I personally have driven multiple 1-ton dump trucks down my drive with no problems. He didn't even call me to tell me that there was damage. I had to call him upon discovery. I asked him to fix the three most damaged sections. He told me he would not pay for the concrete. Can I take this man to court for repairs to my driveway.

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Old Jul 5, 2006, 06:15 AM   #2  
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If you have proof that you informed him of the weight limit, I would say you have a good chance of winning.
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Old Jul 5, 2006, 12:36 PM   #3  
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Even if he used the 1-ton truck you might still win.

You offer to do him a favour and let him pour dirt on your driveway.

The dirt damages your driveway.

He is responsible for it.

It was a favour, or did he pay you something for it?
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Old Jul 5, 2006, 12:55 PM   #4  
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He did not pay me anything for the dirt. I was simply allowing him to dump it over a hillside as a favor.
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