Legal Question in Business Law in Texas

caved in driveway

Our company is doing a small dirt job for a customer. We subcontracted with a person that hauls dirt in a dump truck to deliver this dirt. When he backed in the driveway of our customer part of the driveway caved in. We are being held liable to repair this. Who is at fault here? Our company, the homeowner or the dirt company that was driving the dump truck? We appreciate any help.


Asked on 8/05/02, 4:19 pm

1 Answer from Attorneys
Bradford Downs Bradford K. Downs, Jr. Attorney at Law

Re: caved in driveway

There are not enough facts to indicate who would be liable. Usually the general contractor, which would be you, would be liable to the owner for damages caused by your subs, however, you have a right to seek indemnification from the sub if in fact the sub was at fault. Did the owner anticipate that a dump truck would drive on his driveway? Were there alternative routes? Was the owner warned that the driveway may crack? These are just a few of the questions that would have to be answered. It is possible in a situation such as this, that each party assumes a portion of the liability. Please feel free to contact me if you wish to discuss this in further detail.

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Answered on 8/06/02, 11:46 am


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