Legal Question in Real Estate Law in Iowa

My company rented canoes for a race we were holding. We signed no agreement for the canoes, just paid an agreed upon rate and was issued a receipt. During the race the winds became very high (30-35mph) and we actually cancelled a portion of the canoe due to the high winds.

In the process of hauling the canoes back to the renters facilities (40 miles south of our canoe locations) a canoe rack of 8 was flipped over by the wind. We contacted the canoe owner as informed him of the high winds and that we didn't feel safe driving another load. In total we had six racks of canoes to haul. He told us that in his 15 or so years of hauling canoes he never lost a rack in high winds and that we should try taking another trailer to him.

We advised him that the Park Ranger would allow for his canoes to be secured for the night in their facilities, but the owner insisted that it was a fluke "a isolated wind vortex" and we should try again.

We tried again and lost a tandem trailer in the wind. This time causing damage to both the racks and some canoes.

We called the owner and told him about this and that we were not going to haul any more racks. The racks still in the park and on trailers would be moved to the Park offices and the racks and canoes that just flipped in a farm field would be left there.

We are will to pay for them to come get the canoes from the Park offices and the farm field, but damages and additional costs to the canoes in the field since the owner was the one that recommended us to continue to put property and lives at risk by telling us it was safe to drive with them in high winds.

What is your opinion?


Asked on 4/28/14, 9:55 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

You should have exercised your independent judgment as to the safety of the conditions. Just because the owner said it was ok doesn't relieve you of that responsibility. Doesn't the owner have insurance?

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Answered on 4/29/14, 6:51 am


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