Employee Property Damage

[jerstefwhit]

What is the name of your state? CA
While at work, my husband's truck was damaged by an unsecured container with approx 25 unsecured fire Extinguishers inside that blew over because it was windy. Employer refuses to pay the $1500 it took to fix the vehicle because he wasn't in a "designated" parking space. He was never told not to park in that area, in fact, just the opposite. New container is now securely bolted to concrete and fire ext. are securely wrapped inside it. Have pics of everything given to him by the safety coordinator and witness regarding the parking situation. We have only liability Ins on this vehicle (we have a 16 year old daughter.) Do we have a small claims case?

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA
My husband's truck was damaged by an unsecured container with approx 25 unsecured fire Extinguishers inside that blew over because of a wind storm. Employer refuses to pay the $1500 it took to fix the vehicle because he wasn't in a "designated" parking space. He was never told not to park in that area, in fact, just the opposite. Have pics of everything and witness regarding the parking situation. Do we have a small claims case?

My response:

Why would the employer be responsible for your husband's property when the container blew over due to wind?

Where is your husband's truck insurance in this equation?

IAAL

 

[gary1580]

I think you have a case.... However, were your cars parked on private property or on the public street? If they were on private property, there is no such thing as a legal designated parking spot. They can argue that you parked incorrectly but it seems like their extinguishers were inproperly stored. I would get their car insurance company's name first and try to file a claim, or else, sue them.

 

[racer72]

If they were on private property, there is no such thing as a legal designated parking spot.

You are oh so wrong. As the owner of private property, I can designate where anyone on that propery can park their vehicles. If someone chooses not to park in my legally designated parking spot, I have the right to have the vehicle removed at the owners expense. Also, all 50 states and the District of Columbia are required by federal law to provide and enforce parking for those with disabilities. And even though these parking places are on private property, any police officer can cite anyone violating the parking restrictions. There are rules to follow to enforce these laws (signage, lane markings, etc).

 

[gary1580]

You are partially correct about this however, a police officer cannot cite someone for incorrectly parking on private property. I have personally asked a police officier myself because my car was parked on private property (my place of employment) and I was struck while parked by a delivery van and the van claimed I was improperly parked and the officer stated that since I was on private property, local traffic laws do not apply.

 

[racer72]

If you read my post, the police can and will cite violators of handicap parking spaces. I said nothing about being cited for parking in general parking spaces. Only the propery owner or manager may take action against those that park on their property outside of a properly marked handicap parking spot. There is nothing partial about my post.