Legal Question in Civil Litigation in New York
property damage lawsuit
On April 16,04 we had our mobile home moved by a moving company. Prior to their moving it we asked them if they were going to come and make sure they could move it. They declined. On the moving date they moved it and when reaching the destination of our site they could not get the home on the pad. We had a friend w/ his farm tractor on hand.The truck driver asked the friend pull his truck w/ home attached up onto the pad. The truck driver placed the chanin from his truck to the tractor. While pulling the ball snapped on the tractor and the chain flew into the front grill of the truck costing 1400. in damages. Within a week after the incident the insurance company called and told us we were liable and my husband stated he didnt hook the chain and was not liable.We heard nothing since.Today (Aug. 23)our farmer friend received papers stating he is being sued for the damages.These papers were dated back in July and he just got them today. Are either of us liable since the truck driver is the one who asked the help of the farm friend and hooked the chain from his truck to the tractor? Is there a statute as to how long they have to file a law suit? Any advice is appreciated. Thank you
2 Answers from Attorneys
Re: property damage lawsuit
Cant say definitively whether there is or isn't liability on the part of you or your neighbor but it sounds like you have some very strong defenses. In the mean time both of you should inform your insurance carriers about the claim.
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Re: property damage lawsuit
Statute of limitations for a property damage suit arising from negligence is 3 years from date of accident; if under a contract breach it could be 6 years.
This sounds, from your description, like the truck driver told his insurance company the chain break was the fault of the friend with the tractor. (either his defective chain, or actions in controlling tractor).
I don't understand enough of this description to say anything else except forward to your insurance company (homeowners, and the farmers policy for the tractor) Let the insurance companies fight about it.
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