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Third party Delivery Company Damaged Driveway

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mrdeeno

Junior Member
What is the name of your state (only U.S. law)? PA

I ordered flooring materials from a company for pick up (I would pick up in 3 trips). The company offered free delivery of all the material (since it was end of the month and quarter, so they wanted to make the delivery to book the sale). They contracted with a 3rd party to make the delivery.

The 3rd party delivery company arrives with product on a pallet then asks my fiance if they can use the driveway (to roll the pallet into the garage). She tells them "sure" and goes to back of house (since kids are screaming). According to my fiance's mom who was there, they pull down the hydraulic ramp, pull the product out from the truck onto the ramp, lower the ramp, then attempt to back into the driveway. The corner of the ramp puts a gouge into the driveway, at which point they pull out, park the truck on the street, and wheel the pallet in without backing into the driveway. After my fiance inspects the pallet in the garage, she signs the paper and they leave. Her mom tells her to check the driveway since they "rubbed" it, at which point the gouge is discovered.

I called the store and explained what happened, and they said they would contact the delivery company to take care of it. The delivery company calls me, tells me that because my fiance gave them permission to use the driveway, they aren't liable for any damage to it.

That is a ridiculous argument, since permission is granted to use the driveway to unload the pallet...no statement was made waiving any liability from damage they may cause. I told the guy it's the same as if I give someone permission to use my car, that doesn't release them from liability for damaging it, especially if he was negligent! I've had multiple deliveries with large trucks with hydraulic ramps and none have damaged my driveway if they did it correctly (i.e. backing in BEFORE lowering the ramp to the ground!)

Note that this is a third party shipping company...I did not contract with them or sign any release or waivers for their services, and none of the paperwork I have with the store waives liability for damages caused by the shipper (although I do waive liability if I threw my back out loading/unloading myself or damage to my vehicle if I picked up the order myself, but that's neither here nor there).

Do I have a chance to pursue this further?

PS. estimate for repairs by asphalt/sealing company puts repair cost at less than $200 (basically clean/patch/seal), so not even a big deal on a $4000 order.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? PA

I ordered flooring materials from a company for pick up (I would pick up in 3 trips). The company offered free delivery of all the material (since it was end of the month and quarter, so they wanted to make the delivery to book the sale). They contracted with a 3rd party to make the delivery.

The 3rd party delivery company arrives with product on a pallet then asks my fiance if they can use the driveway (to roll the pallet into the garage). She tells them "sure" and goes to back of house (since kids are screaming). According to my fiance's mom who was there, they pull down the hydraulic ramp, pull the product out from the truck onto the ramp, lower the ramp, then attempt to back into the driveway. The corner of the ramp puts a gouge into the driveway, at which point they pull out, park the truck on the street, and wheel the pallet in without backing into the driveway. After my fiance inspects the pallet in the garage, she signs the paper and they leave. Her mom tells her to check the driveway since they "rubbed" it, at which point the gouge is discovered.

I called the store and explained what happened, and they said they would contact the delivery company to take care of it. The delivery company calls me, tells me that because my fiance gave them permission to use the driveway, they aren't liable for any damage to it.

That is a ridiculous argument, since permission is granted to use the driveway to unload the pallet...no statement was made waiving any liability from damage they may cause. I told the guy it's the same as if I give someone permission to use my car, that doesn't release them from liability for damaging it, especially if he was negligent! I've had multiple deliveries with large trucks with hydraulic ramps and none have damaged my driveway if they did it correctly (i.e. backing in BEFORE lowering the ramp to the ground!)

Note that this is a third party shipping company...I did not contract with them or sign any release or waivers for their services, and none of the paperwork I have with the store waives liability for damages caused by the shipper (although I do waive liability if I threw my back out loading/unloading myself or damage to my vehicle if I picked up the order myself, but that's neither here nor there).

Do I have a chance to pursue this further?

PS. estimate for repairs by asphalt/sealing company puts repair cost at less than $200 (basically clean/patch/seal), so not even a big deal on a $4000 order.
I'd pursue this with the seller...
 

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