Can I sue UPS for tresspassing on my property and daming stuff?

[JohnCarterofEarth]

What is the name of your state? UT

Can I sue UPS for trespassing on my property and damaging stuff?

Please note that I'm not talking about a truck driving in to deliver a package but rather driving in at all hours of the night causing damage to things without any business of the property. In fact, many of this damage happens when all stores are closed.

I have a corner commercial retail property and UPS drivers seem to like to use the property as a shortcut to avoid a traffic light.

The heavy trucks driving down the road has caused road damage and holes in the ground .

They have run over sprinklers and other irrigation which are expensive and time consuming to repair.

They are even doing this when there are no packages to deliver and even at odd hours at the night such as past midnight.

They have even crashed into light and utility boxes causing outages.

I believe these companies keep GPS data on the trucks that could help prove their actions.

Do I have a case against UPS for the action of their drivers?

Secondly, can I put up a sign saying something like forbidding using the property as a through street and having a fee/fine if they do? So they are agreeing to it by driving in. Road repair is surprisingly expensive.

It might sound funny at first but these large commercial trucks can do a lot of damage that add up over time.

 

[Zigner]

First - let me assure you that this doesn't sound "funny". You have suffered damage due to the actions of these drivers. You may find it difficult to prove that these trucks have caused specific damage and/or apportion the damage appropriately (in the case of damage to the pavement), as I suspect that other vehicles also use your property as a "shortcut".
With that said, I would suggest that you turn this matter over to your insurance company who can then pursue the at-fault party(ies).
I would also suggest that you consider putting up some type of barrier so unauthorized vehicles can't enter the property after-hours.

 

[LdiJ]

First - let me assure you that this doesn't sound "funny". You have suffered damage due to the actions of these drivers. You may find it difficult to prove that these trucks have caused specific damage and/or apportion the damage appropriately (in the case of damage to the pavement), as I suspect that other vehicles also use your property as a "shortcut".
With that said, I would suggest that you turn this matter over to your insurance company who can then pursue the at-fault party(ies).
I would also suggest that you consider putting up some type of barrier so unauthorized vehicles can't enter the property after-hours.

I agree with this advice. You don't even need anything particularly heavy or that would be cumbersome for you to remove during the day. If they have to get out of their trucks to move something, it will defeat the whole convenience of driving through your lot.

 

[adjusterjack]

I believe these companies keep GPS data on the trucks that could help prove their actions.

Reality check. UPS isn't going to give you that data. Even if you can get it, it isn't likely to prove that the trucks actually crossed your property.

Secondly, can I put up a sign saying something like forbidding using the property as a through street and having a fee/fine if they do? So they are agreeing to it by driving in.

Sure, you can do that. Good luck collecting on it.

No, what you need (and should have done long ago) is put up cameras so you can get the trucks on video. Save the video and each time you catch a truck on video you make a separate claim for each time and the damage done by the truck at that time.

That's probably the only way you are going to get any money out of UPS (or any other company) and stop the behavior.

Concrete bumper barriers are a good idea, but not cheap.

I don't often disagree with Zigner but I suggest you avoid getting your insurance involved at this point. Without evidence of a particular truck doing specific damage, your insurance company won't have anybody to go after and it'll just be a mark against your policy. Worse, you appear to have separate claims, each with a deductible:

1 - Run over sprinklers and irrigation.
2 - Hit utility and power boxes.
3 - Road damage.

There's three claims right there, maybe more.

Cameras and barriers are your best bet. If you don't want to spend the money on the precast barriers try a landscape company that sells boulders. A set of 100 or 200 pound boulders set about 5 feet apart around the perimeter of the property should do the trick.

 

[zddoodah]

Can I sue UPS for trespassing on my property and damaging stuff?

Anyone can sue anyone for anything. Did you really think the answer might be otherwise?

The heavy trucks driving down the road has caused road damage and holes in the ground .

Can you actually prove this?

Do I have a case against UPS for the action of their drivers?

Based on your completely one-sided post, and assuming you can actually prove that the trucks -- to the exclusion of all other traffic on the property -- are causing the damage, yes.

I'm curious about a couple things. First, after this happened the first time or the first few times, you called the local UPS dispatch office to complain, right? What sort of response did you receive? Second, why have you (apparently) not taken measures to physically prevent what's happening?

Secondly, can I put up a sign saying something like forbidding using the property as a through street and having a fee/fine if they do?

You can put up all the signs you like, but putting up a sign isn't going to give you the legal ability to extract a fee/fine.

 

[quincy]

Do you have surveillance cameras? If not, you might want to install some.

No Trespassing and/or No Through Traffic signs can help either to prevent the traffic or to help you support a legal action against those who damage your property.

 

[Zigner]

I don't often disagree with Zigner but I suggest you avoid getting your insurance involved at this point. Without evidence of a particular truck doing specific damage, your insurance company won't have anybody to go after and it'll just be a mark against your policy. Worse, you appear to have separate claims, each with a deductible:

1 - Run over sprinklers and irrigation.
2 - Hit utility and power boxes.
3 - Road damage.

There's three claims right there, maybe more.

Fair enough point(s)

 

[quincy]

Putting chains across the driveways could make for inexpensive barriers and would be relatively easy to install. Add signs and the through traffic should stop.