You might want to move that pipe

[boringscreenname]

Well since my last thread about my husband being robbed at gunpoint and carjacked, things have been going well. He has a new job at a different pizza joint in a much safer neighborhood.

Anway the other day around 5 p.m. he calls me, and tells me I'm going to have to call into work that night. Great!

Apparently he was delivering a couple pizzas to a business. When he turned from the road down the driveway he hit a bump but didn't think too much of it. He stopped and got out to look at what he hit.

Apparently there was a medium sized copper pipe sticking up a bit out of the driveway. Since it was copper it blended right in with the dirt and leaves. Apparently it had been there awhile because there was gras and stuff growing out of it.

It tore a huge chunk out of the tire, and when my husband went to change the tire all of the lugnuts broke off too. So he had to call a tow truck and pay $50 to get it towed plus the cost of the repairs. Not sure what all had to get replaced or repaired except the wheel bearing and lugnuts, my husband knows more.

Needless to say we have a lovely repair bill to pay off. The owner of the property was there when it happened and knew about the pipe but apparently thought it was no big deal and said he won't do anything about it. So someone else will probably hit it. Oh and best of all he didn't offer any sort of compensation or even assistance. And the lady who ordered the pizza at the business didn't even bother to tip.

[Tuxian]

Um, that sounds to me like a lawsuit waiting to happen. If he's aware of a possible danger on his lot, and makes no move to correct said danger, then he becomes responsible by default for any damages or injuries resulting from that pipe. What if it had blown out the tires and caused the car to careen into traffic, causing a major accident? I'd be looking into if there's anything you can do, since the site owner should be paying for repairs, not you. IANAL, this is what common sense is telling me (and yes, I know all the jokes about common sense not being so common).

[DeltaSierra]

Go back, take pictures of the pipe, get your hubby's manager to print out a copy of the delivery order with the address, and take them to small claims court.

[reimero]

I'd consider asking your insurance agent what to do, without actually filing a claim, since they might be able to force the property owner into a settlement, in which case you have a chance of getting some of that money back. Can't hurt to ask, especially if your insurance agent is reputable.

[Andara Bledin]

Oh, yeah, I totally agree with everyone else; if there's pipe sticking out of the driveway, the property owner is responsible for damage to delivery vehicles. Even if the owner doesn't know about it, it's still their responsibility to provide a safe environment for what is essentially contract labor invited onto their property.

Also, if the lugs broke because they were on too tight or similar, you might want to look into having a little chat with whoever did the last tire change. Assuming it was a repair shop.

^-.-^

[TexasT]

Ditto to what everyone else said. At the very least, have your insurance make a claim against him.

[boringscreenname]

We're in the process of dealing with insurance right now. I guess the pipe was also partially in the road but partially in the guy's driveway too. My husband made a rather sharp turn to get into the driveway so we're thinking that's why he hit it.

We've only had this car for 3 months, the other car got totalled when it was stolen. So we don't have a clue who did the last tire change. My husband said the lugnuts just broke off the tire when he went to change it. We had the repair shop change the lugnuts on all of the tires to be safe.

[protege]

The lug nuts actually *broke* I've heard of the studs snapping off, but having the nuts break is actually a new one. No comments about nut breaking, OK--I know what you're all thinking you sick bastards...

And yes, I resemble that remark

But seriously though, I think the landowner is in the wrong here. Whether or not he knew about the problem doesn't really matter. As a landowner, he had an obligation to make sure there's nothing dangerous on the property. I'm sure if it ever went to trial, he'd lose.

[tamezin]

Oh and best of all he didn't offer any sort of compensation or even assistance. And the lady who ordered the pizza at the business didn't even bother to tip.

You are in the U.S. right? Take them to small claims court. It is usually a relatively small filing fee which if you win you get back. You don't need an attorney.

I am not all that litigious, usually I chalk things up to learning experience. But this is a situation the owner is aware of and isn't concerned about. Someone could get seriously hurt. (this is going to sound super dorky) Give yourself permission not to be a victim, if you really feel that you have a valid complaint against the property owner file a claim.