Legal Question in Construction Law in Oregon

I hit a garage ceiling with a rental truck, am I liable? Details inside.

My friend was driving a rental truck from a major truck rental company into a garage at my residence (a rental). The truck had a maximum listed clearance of 11 feet 0 inches. While driving into the garage, the top of the truck hit the plaster ceiling, causing medium to heavy scratches and breaking some metal reinforcements on the edge of the ceiling. The building did NOT have a listed clearance for the garage. On the way back out, we inevitably hit the ceiling again, causing damage in a different spot. The agents that work at the apartment complex told me I would be responsible for covering the costs of repair to the ceiling. Since the clearance of the garage was not listed, am I liable to pay the repair costs?


Asked on 9/19/03, 9:10 pm

1 Answer from Attorneys
Susan Burns Law Office of Susan Ford Burns

Re: I hit a garage ceiling with a rental truck, am I liable? Details inside.

You and your friend have a responsibility to check on the clearances of a garage before driving an oversized truck into it. The fact that the garage did not identify the clearance does not absolve you or your friend of liability. The two of you drove the truck into the building and caused the damage by your negligence.

Generally the driver of the truck would be the person liable for the damages to the truck.

Here, since your fried was assisting you, a tenant of the building, he would be considered your agent and acting under your direction. Since it was someone assisting a building tenant who caused the damage, the landlord can look to the tenant to repair the damages.

The person who rented the truck would also be liable for damages to the truck.

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Answered on 9/22/03, 11:42 am


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