Legal Question in Product Liability in Massachusetts
Liability for products delivered, not ordered
We came home last week to find that a heating oil company that we do not, and never have, done business with had put 51 gallons of heating oil into our tank. Are we liable for the payment for this? We currently use another company.
2 Answers from Attorneys
Re: Liability for products delivered, not ordered
I would argue yes/no. You would have to pay if you plan on using the oil. If the price is more expensive than what you have contracted for with your other provider, then you may be on the hook for at least that amount. If you do not want it, then call them and have it removed at their expense.
You can also have a claim if they did any damage to your tank. Any questions or concerns, please feel free to respond.
Re: Liability for products delivered, not ordered
You have no liability for the oil. Have your oil company test the tank to make sure that the product introduced by the trespasser will not harm your system.
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