Liability for damage to Property Rental

[Ken Connally]

Jurisdiction

Texas

I rented a trailer from Home Depot. I used the trailer to pickup a pallet of grass from a landscaping company. As they were loading the trailer, they damaged a part of the trailer, bending some wire mesh. They pointed to a sign saying they were nto responsible for damage occurring during loading. Are they still liable?

 

[mightymoose]

Possibly. Was there any written contract involved? A signed document with this notice?
Is Home Depot making you pay for damage? Do you have any insurance coverage?

 

[zddoodah]

The above questions are highly pertinent to the legal issue raised and you should answer them.

From a practical perspective, you can probably expect that the landscaping company will not accept liability and voluntarily pay for the damage to the trailer. That means that, in the absence of insurance, you're going to have to pay the rental company out of pocket and then sue to seek to recover from the landscaping company.

 

[adjusterjack]

They pointed to a sign saying they were nto responsible for damage occurring during loading. Are they still liable?

They could be. Those disclaimers don't necessarily absolve anybody of their own negligence.

But being liable and actually paying are two different things.

 

[Ken Connally]

Possibly. Was there any written contract involved? A signed document with this notice?
Is Home Depot making you pay for damage? Do you have any insurance coverage?

Yes, Home Depot is billing us $700+ for the repairs (which in itself is absurd. My son is a welder and actually priced the materials at $85 and the work at around 30 - 45 minutes for the repairs). What insurance coverage would cover this type of damage?

 

[zddoodah]

What insurance coverage would cover this type of damage?

Your own auto policy and/or your homeowner's/renter's policy might provide coverage. Contact your carrier(s) and ask about this. Also, when you rented the vehicle, you were presumably offered the opportunity to buy insurance that would have covered this.

You are, of course, free to dispute the cost of the repairs and try to negotiate.

 

[mightymoose]

You are also likely being billed for lost rental time while the trailer is repaired.

You might start with a demand letter to the company that caused the damage. The first step to a lawsuit, if it should go that far, is simply asking them to make it right.

Indicate in the letter what happened, why they are responsible, and how much the damage is. Include a copy of the bill from Home Depot so they know you aren't making up the number.

Indicate in the leter that they have 10 days respond, then patiently wait.

Despite their sign, you can make them explain to a judge why they are not responsible for the damage they caused of they refuse to pay.

You may end up having to pay the bill, since you were the responsible renter, then seek your own compensation separately.

Take the time to identify the party registered for legal service in your state and send the letter there. This will typically be the owner or possibly an attorney. This will prevent your letter from being handled by a mid-level button pusher too afraid to let the boss know what really happened.

Look it up here:
Registered Agents