1)We have hydraulic fluid stains on our driveway.
2)The stains were created by driving through leaked, spilled, or dropped hydraulic fluid.
Four (4) companies are involved and each in pointing fingers at each other.
Their investigation revealed that "X1S" Company delivered a forklift at the intersection of "XX" Road and the "XXX" Center driveway. This delivery took place on 9/20/200?. It was raining that day. At that time "X2P" , their investigation has not produced any eye-witnesses who actually saw hydraulic fluid leaking from any piece of equipment as the leak was taking place, however they did receive a letter from a homeowner who did see a piece of equipment that appeared to have broken down. This homeowner described the equipment as being parked half in and out of the "XXX" center driveway with no workers around. "X2P" investigation also revealed that "X2P" had no such equipment parked in the area, yet "X1S" (at the request of "X3L" company, a contractor for "X4PE" company) did, in fact, make such a delivery on 9/20/200?. "X2P" company was told that XX Person, witnessed the equipment at this location on 9/20/200? as well.
It is "X2P" company position that they are not legally liable for the damage to the driveways. "X2P" states they did not cause the spill. X2P" states they did not hire the contractor who caused the spill. "X2P" says it had no actual or constructive notice of the spill, and therefore had no opportunity to clean up the spill in a reasonable amount of time (considering it was raining at the time and "X2P" states it did not know the spill even took place). "X2P" company states it had no supervision, direction or control over the parties that they believe caused the spill. "X4PE" hired "X3L" to do work on the easements in the community. '"X3L", in turn, hired "X1S" to deliver the equipment in question. Accordingly, "X2P" company contends they can not be held legally liable for the damages and therefore has no duty or responsibility to repair the driveways.
Please note that the spill was on "X2P" property. Is "X2P" and "X1S" and "X3L" equaly liable for the damage caused by the spill?What is the name of your state?