Legal Question in Business Law in Arizona

Blocking Driveway Temporarily

We have a manufacturing business in CA in an industrial park. We're having a machine brought to our unit that will require us to block the driveway in front of our unit for a couple hours. The driveway circles the building like a ''U.'' We wouldn't be blocking complete access, just the first driveway. Should we post a sign noting that there is a second driveway? If we do that and there is an accident could we be liable because we were ''directing traffic?''

I'm planning on telling the other businesses the date so they can notify their customers but I don't want to unnecessarily subject myself to liability.

Thank you.


Asked on 1/20/05, 6:17 pm

2 Answers from Attorneys

Daniel Harrison Berger Harrison, APC

Re: Blocking Driveway Temporarily

The quick answer is yes. In the event someone gets injured next to the traffic block, and they are litigious, you will probably be included in the lawsuit for negligence. Whether they will win is another issue. By blocking traffic, you have a duty to provide adequate warnings (signs) and adequate traffic blocks. There is no way to guarantee a perfect job in this regard, just be overcautious and take it seriously.

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Answered on 1/21/05, 1:32 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Blocking Driveway Temporarily

First, it's uncertain from the way the question shows up on LawGuru whether you're asking about California or Arizona law. I'm assuming from the 95401 Zip code that the machine-unloading activity will take place in Santa Rosa, Calif.

As you have no doubt noticed, people block or partially block both private and public streets for a variety of needs, including construction, deliveries, etc. If a public street is involved, you probably need a police permit. For a private road, working with and through the landlord or property manager seems appropriate.

Your trucker, drayman, riggers or even the machine supplier may be able to make suggestions.

In the long run, avoiding liability depends heavily upon avoiding acts and omissions that would amount to negligence. Foresee the dangers and take steps to avoid, or warn of, the danger. For example, doing any part of the work during hours of twilight or darkness could be negligent, since reduced visibility (perhaps) creates a foreseeably greater risk of collision.

Finally, make sure that both your business and the persons or firms doing the delivery and unloading have adequate public liability insurance.

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Answered on 1/20/05, 7:23 pm


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