by Guest » Wed Aug 12, 2009 11:57 pm
The other night we had a wind storm at the plant I work at. I caused a plastic shed to blow apart since the shed was not strapped down and obivously not able to withstand the storm. It damaged 3 vehicles in the parking lot. The company is stating that it has a park at your own risk policy and that they will not cover any damages, however this is not posted anywhere and I have ask several employees that have been here for 20 years and they have never heard of the policy either nor can I find it on the companies internal policy network. The storm cause the shed to come apart and the roof to blow into the parting lot the peak of which had a metal bar through it for support and was the specific peice that caused the damage. The shed had been strapped down with a tiedown strap that was removed at some point the company is claiming it was stolen, I do not know when it was noticed it was gone. I do know it was placed there by a worker who noticed the shed being unstable on a previous windy day and strapped it down so to prevent it from blowing apart, this individual also notified management that he had done this and why. This happened on company property while we were at work. Both myself and the other individual whose vehicles were damaged arent asking for them to pay it all just our deductibles for our insurance, should we have to pay or should the company have to?
Posted: Thu Aug 13, 2009 12:00 am Post Subject: was not registered before now I am
I posted the above topic before i registered thank you all in advance for any assistance you can give me
Posted: Tue Aug 18, 2009 02:02 am Post Subject:
Are they morally or legally liable for the damage?
I think any large sound financial company would want to at least pay for the deductible but I cannot see where they are legally liable unless you want to spend money proving your employer was negligent in the management of their property.
I wrote estimates for many employees of a company that builds truck cabs, fiberglass parts, etc. Some of the fiberglass molds that were stored outside were blown into parked cars as a result of straight line 100 mph winds. The company at first said they would consider paying for the damage until they saw some of the estimates. In the end, they reimbursed some of their employees their deductibles and those that had no insurance they made offers for settlements.
If you want to take your employer to small claims court, you may have to prove that they did not take reasonable care to protect your vehicles from damage as a result of their personal business decisions. For example, your employer sublets a painting contractor to paint the building and paint overspray is all over your vehicle as a result of the negligence and sloppy preparation of the contractor. The employer may have had a reasonable expectation that the contractor would take consideration of employees vehicles and have them moved or voluntarily covered. If the contractor made no provisions in the contract and the employer did not request it, the employer and sub contractor may both be liable. This isn't legal advice, it is what it is. These are how I have witnessed claims handled in my area on these issues.
Posted: Tue Aug 18, 2009 07:06 am Post Subject:
The shed had been strapped down with a tiedown strap that was removed at some point the company is claiming it was stolen, I do not know when it was noticed it was gone.
If the co. was aware of the strap being stolen, they should also be able to tell you regarding the date it got stolen. Thereafter, I guess it becomes their responsibility to maintain things properly.
I do know it was placed there by a worker who noticed the shed being unstable on a previous windy day and strapped it down so to prevent it from blowing apart, this individual also notified management that he had done this and why.
Do you remember the time when this had happened? Can you have a word with this person and find out what the management told him regarding this?
Posted: Tue Aug 18, 2009 11:49 pm Post Subject:
You seem to have a case, if it is true that they knew that the shed was not secured to the ground and needed to be during windy times.
This leaves you with two options. Pursue your company for the damages...you know, your company that employs you during these economic times. Or pay your deductible and move on.
Sometimes insurance companies make business decisions and pay claims that they have no business paying or pay more on a claim to get it closed and avoid litigation. That seems to fit your situation here. Do you make the business decision and pay your deductible and not tinkle-off your employer or do you fight it and risk having a tinkled-off employer. What is your deductible - $500.00? How much does your employer pay you in a week if you have a job and are working?
If it were me, I would ask nicely and see what they say. If they still say no, I would eat it and keep making money at my job. Do I think it is fair - no - but its what I would do.
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