Property Damage Legal Questions

Without knowing what caused the fire, it is going to be very difficult to identify someone who may be legally responsible for any damage.  The fire might have been caused by the negligence of the mechanic; but then again, it might not have.  It might have been caused by a defective condition of the 18 wheeler.  It might have been caused by vandals.  It might have been caused by some dangerous condition at the storage yard.  It might have been caused by a third party visiting the storage yard where it was parked.  One bad thing about fires is they often--but not always--destroy whatever evidence may exist as to what caused the fire in the first.A business owner, like the mechanic, is not an insurer of your property.  That's why you should have gotten an insurance policy before taking possession of the 18 wheeler.  Ordinarily, a buyer would do this with his insurance agent at the seller's place of business.  You must have insurance in force to complete the registration of your new 18 wheeler.Most insurance companies offer a grave period from one week to one month if you replace a covered vehicle with a newly purchased vehicle.  But more than one month has passed since the fire, so that's unlikely to help you in this scenario.Before wasting the money to hire an attorney, you need to conduct a thorough investigation into what caused the fire that caused your truck to burn down.  A decent fire investigator can cost $15,00-25,000, but there is no guarantee that one will be able to determine the cause, especially this long after the fire occurred.... Read More

In Texas, our justice of the peace courts have jurisdiction over small claims where the amount of money being sought is $20,000 or less.  Because paying an attorney to file and prosecute a lawsuit almost always costs more than that, your best course of action in this case is to obtain a repair estimate for your spoiler (which I'm guessing will be less than $20,000), and then file a small claim lawsuit in justice of the peace court against the car wash company or car wash owner.  You may also want to ask for the cost of a rental car for the time period your car will be in the shop for the spolier to be fixed.... Read More

Did you agree either in writing or orally to pay any storage charges when you dropped the trailer off?  If not, you can tell him you never agreed to that arrangement, and any charges he attempts prior to him telling you he will charge you $20/day are void.  However, after he told you he will charge you that and you have a certain time to come get the trailer, you will need to either make other arrangements with him or get the trailer by that date to avoid those charges.  Check out the trailer to make sure the damage has been repaired.  If it hasn't, you can continue to sue him in SC court for that damage (presuming it's less than $10,000 worth of damage).  He may try to offset the storage charges in the court case, but given the amount is so low, maybe he'll be agreeable to settle out of court.... Read More

sue in a court of general jurisdiction appropriate to the amount of damages so far, seeking recompense for the damages and an injunction that the tree must be removed or that you must be recompensed after you remove the part of the tree that is encroaching on your property. Criminal and code enforcement are probably also telling you to take it to court.... Read More

    Hi Denisa,   Accident cases can be very frustrating when you try to handle them yourself. More facts are needed which can be discussed in consultation with a Personal Injury/ Car Accident attorney who can investigate this matter on your behalf and determine all possible responsible parties rather attempting to pursue this on your own.  An experienced professional can guide and advise you and evaluate your  claim. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. Do not delay so as not to prejudice your rights.    ... Read More

Short answer is 'sure.'  You don't necessarily need to accept their refusal (keeping in mind that it may not change their position).  Based on the facts you've presented, sounds like someone messed up at the shop and insurance may cover.  However, that doesn't mean that they will pay.  It could also mean that there is an exclusion in the policy.  It would probably be worthwhile to sit down with an attorney so you can discuss the details and see what options are available and what the steps would look like.... Read More

I'm sorry to hear.  Your question as to whether personal injury includes damage to personal property is 'not necessarily'.  BUT based on your description, you could have a host of potential causes of action to get compensation for your damages.  Actual damages are what they sound like - damage to your boat, for example.  Consequential damages come in the form of damages that stem from the act causing the injury or damage.  There could be contract issues as well, but your description does not address this.  All of this comes with a host of variables that affect whether you have a cause of action and how that would play out.  I would suggest contacting an attorney so you can discuss the facts in detail and see what your options are.... Read More

Hello Elizabeth.  That sounds like a terrible situation, but I don't see a question.  If you are being charged with criminal offenses I recommend sitting down with a criminal defense attorney in your area.  If you cannot afford one and otherwise qualify, you can contact the office of the public defender to apply for assistance from one of their attorneys. Best of luck.... Read More

This is not enough information to answer your question.  You can call the AG's office yourself and they should be able to provide you with some basic information as well as refer you to others who can help.  You can also try to contact the victim advocates' office for the prosecuting authority and see if they can provide you with additional information.   Best of luck.... Read More

The answer is as equally frustrating as it is tricky.  Whether or not you have a claim and against whom comes down to particulars.  First off, you have to figure out who (or who all) is at fault.  For example, if you are looking at the sellers - what did they know and what did they say?  Could the inspector have missed something? Could the realtor or broker have breached a duty?  The questions are too numerous for the forum, but the point being that if the details line up, you could have a claim.  It generally comes down to what you can prove was known, what was revealed, and what opportunities you had to find out.  If you are interested in pursuing legal action, your best bet is to sit down with an attorney to look at the documents and discuss the details.  ... Read More

It would depend on why the battery cable short-circuited.  Did it short circuit because of something the owner of the car/garage did?  Was it caused by a faulty cable?  Power surge?  Is there a fire cause analysis report from the fire marshall?  This could be more complicated than simply the owner of the car/garage is responsible.  In any case, the owner of the car/garage should open a claim with their insurance to obtain further advice/representation.... Read More

First question - are you are renter?  Since you mentioned "apartment," I assume you are.  Second question - Did you have renter's insurance?  If not, you should always have renter's insurance.  It's relatively inexpensive as insurance goes. Third question - What caused the neighboring building to catch fire?  Knowing what caused the fire to begin with as well as what caused it to spread will be key to establishing who is responsible for your losses.  Fourth question - Which company insures the neighboring building that caught fire?  You should file a claim with that company. Fifth question - What are your losses?  Sixth question - Can you document your losses with a list or some photographs or both?  Insurance will require this in a fair amount of detail, if they pick up your claim. I have more questions about possible liability of your landlord, but contact me if you want to discuss further.... Read More

The short answer is yes, you can sue.  Every so often, you hear of a case of cemetery or mortuary negligence, whether it be in the handling of the deceased person's remains, the burial, or some other issue.  I am curious about some of your description.  Did your father's casket come out of the ground because of the water?  Have you determined if there are any damages?  Do you know who/what caused the pipe to burst, assuming that was the cause?  These are initial questions that I would want to know more about.... Read More