Legal Question in Business Law in Texas

inflatable moonwalk rental incident

I own a moonwalk rental company. Upon arrival at a customer's home, he specified the location of moonwalk placement in his back yard. While driving a 12'' stake to secure the moonwalk to the ground, an underground water pipe was broken. Is the moonwalk company or homeowner responsible for the plumbers bill?


Asked on 11/08/03, 4:43 pm

2 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: inflatable moonwalk rental incident

Did you ask whether there were any underground lines that might be of risk when the homeowner told you where to place the unit? Did you say that a better place was where you initially thought it should be placed? If not, then the moonwalk company is probably responsible.

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Answered on 11/08/03, 5:29 pm
Charles White Charles G. White

Re: inflatable moonwalk rental incident

If you had driven a three-foot stake, it clearly would be negligence to do so without making an advance inquiry about the location of pipes. Thus, it becomes a question of degree, and is a fact question as to whether your company was negligent. Ordinarily, one would not expect to find pipes buried so shallow, and you should be entitled to rely upon common sense every day understandings without being considered negligent. My initial reaction is that the fault lies with the owner or the party who laid the shallow pipe without marking it.

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Answered on 11/08/03, 10:07 pm


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