Legal Question in Legal Ethics in Florida

Liability Quesion

In August 2007, I was hired by (another company) to provide

sound for a fashion show. After the event, the (owner of the

other company) and I made a verbal agreement that he would

take my equipment back to his warehouse and store it there

because I was leaving early the next morning. While I was en

route to return some other equipment (in my vehicle), he

called me and said my equipment had fallen out of the back of

the truck. (It was a Penske Box Truck with a roll up door, he

also said that the pad lock was still locked but the door opened

regardless). He also told me on the phone that, He was calling

the Police Department to make a report. Since that time, I

have tried to get payment from him, but with no success. He

claims it was not his fault because there was no contract to

transport my equipment (even though he did agree to it). I

am now thinking about Small Claims Court for this matter. I

have receipts (from my equipment) and a copy of the Police

report.My question is, If you think I have any chance of

getting the $3200 that my equipment was worth?

Thanks for your help.


Asked on 3/15/09, 3:36 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Liability Quesion

It may depend on who loaded the equipment and who secured it and who locked (or did not lock) the door. Just driving does not appear to have been negligent. The equipment was not properly secured and the door was not locked. That is where the potential liability lies.

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Answered on 3/15/09, 10:17 pm


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