Legal Question in Business Law in Utah

Incidents on private property

On our business property we have been working on the asphalt. There is a portion of asphalt missing that is about 12 inches wide by the depth of the asphalt. We had a customer pull into our driveway in a 4x4 Ford Excursion and drive over the ''trench'', as he calls it. He claims that it threw off his alignment and will make us pay. This ''trench'' is about 10 feet from the driveway so I don't know how fast one could be going when pulling in. My question is on our business property, can we be held liable for this incident?


Asked on 10/25/02, 11:22 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Incidents on private property

There is something called comparative negligence. IF the trench was not clearly visible and a reasonable person would not have noticed it, then you may have some liability. This is balanced by whether a reasonable person would have driven over the trench so hard as to throw off the alignment of a pretty stout 4x4.

WIthout knowing the facts, I doubt that a 3-4" drop would throw off the alignment of the Excursion. He is probably trying to work you for an alignment. Look at the tires and see if there is marked signs of mis-alignment. If there are, then the mis-alignment occurred some time ago. A recent drop into the asphalt would not show on the tires yet. Then determine how he knows it is out of alignment.

I would be suspicious of this. If he is a good customer, it may be worth sharing the cost of an alignment to save a customer. But if this is guy is working you for a free alignment, tell him to sue you. Tell your story to the small claims judge.

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Answered on 10/25/02, 11:39 am


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