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    mspalter's Avatar
    mspalter Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 26, 2016, 08:15 PM
    What is my liability for oil leak in a driveway
    I have a entertainment business we pull our truck up to the front of homes. We parked in front of this customer home. The customer asked us to pull our 50' (fifty foot) truck into their 200' long "S" curved driveway for their events convenience. My driver told the customer we couldn't as the truck had an oil leak. The wife said her husbands truck had a leak and pointed out existing leaks and instructed him to pull it in but put something underneath it. The truck leaked on their driveway. Spots all the way up and a small puddle where it parked. Backing out of the "s" driveway my driver broke a low voltage light. Customer wants me to take full ownership to fix/clean it all. I have offered to fix the light and refund to "assist" with the clean up but it was his decision with full knowledge that the truck leaks to invite it in. What am I liable for? In writing they documented that the event was wonderful and that my driver did warn them that the truck leaks.
    talaniman's Avatar
    talaniman Posts: 53,910, Reputation: 10852
    Expert
     
    #2

    Jan 27, 2016, 05:19 AM
    I would think fixing the light would be enough. Take picture of the driveway to show other leaks as well as yours, and along with your documentation, and a willingness to assist in the clean up should be enough to convince a judge to find in your favor.

    If it even goes that far.
    Dchdman's Avatar
    Dchdman Posts: 226, Reputation: 17
    Full Member
     
    #3

    Jan 27, 2016, 05:50 AM
    I would say you are liable for the replacement / fixing of the light and part of the cleaning of the driveway.

    And yes just like the above person has said , take documentation of the driveway ( Photo's ) , these can proof possibly how new or old the oil drops / splashes / paddles are.

    " The wife said her husbands truck had a leak and pointed out existing leaks and instructed him to pull it in but put something underneath it. "

    If this was verbal , it's your drivers word against hers and I can say she may lie in court, So yes take photo's of the driveway.

    I have offered to fix the light and refund to "assist" with the clean up but it was his decision with full knowledge that the truck leaks to invite it in.

    How did this take place , was your offer made in writing , this may go in favor for you in court as you made arrangements to Fix the light and assist in part with the clean up of the driveway.

    If this was in writing and they refused it and this case goes to court , the judge may let you off paying anything for the driveway at all.

    Also if you haven't already , make a payment for the repair of the light as this also goes in favor for you in court if it does go to court.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Jan 27, 2016, 05:54 AM
    In terms of liability as long as you have proof that your driver informed the customer that the truck leaked and could cause damage, then you have no responsibility for the leak damage. You do have full liability on the damage to the light since that was due to your driver's negligence.

    I would however, offer to assist in the leak clean up as a gesture of good will. A business like yours depends a lot on word of mouth and customer referrals.

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