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  1. #1

    Question Tripping Inside a Storage Unit

    My question involves injury or loss that occurred in the state of: Texas

    Here is my situation...I tripped over some boxes at my storage facililty (Extras Space Storage) and I got hurt really bad, but I did not got to the hospital or doctors. I was bruised and scrapped up, along with a srained ankle. I rested away from work for 1 week after which I went back to work. I lost a week's worth of work!

    Second case, my storage started leaking from the roof (from the rains). I contact the Extra Space Company about both siutations and they turned the matter over to the corporate headquarters in Salt Lake City, UT; who then referred the matter over to their insurance, which denied my claim.

    I have not been given another storage while my current one is getting rain in it (I have a bucket to catch the water). I want to take the matter to small claims to sue for 1 weeks of loss wadges, along with the storage unit price I have been paying. The signage of the company is "Extra Space Storage" but the ficitcious business name is "Extra Space Management, Inc." and their headquarters are located in Salt Lake City under the name of "Extra Space Storage, Inc."

    How the heck do I file this claim? Can I file the defendant as "Extra Space Storage, Inc. doing business as Extra Space Storage?" Do I serve the defendants in Salt Lake City, UT?

    I need help on this one.

  2. #2
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    Default Re: Tripping Inside a Storage Unit

    If you have a private storage unit, you put boxes into your unit, and then you trip over the boxes you placed in your unit, nothing in that suggests that the facility would bear any responsibility.

    We don't know anything about the insurance claim from the drip in the roof, so we cannot comment on that.

    A D/B/A is a fictitious name. The proper party in the lawsuit is the business entity itself. The caption would typically identify them along the lines of, "Business, Inc., D/B/A Other Name".
    Quote Quoting Texas Rules of Civil Procedure, Rule 106. Method of Service.
    Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by Rule 103 by

    1. delivering to the defendant, in person, a true copy of the citation with the date of delivery endorsed thereon with a copy of the petition attached thereto, or

    2. mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached thereto.
    Upon motion supported by affidavit stating the location of the defendant ’s usual place of business or usual place of abode or other place where the defendant can probably be found and stating specifically the facts showing that service has been attempted under either (a)(I) or (a)(2) at the location named in such affidavit but has not been successful, the court may authorize service

    (1) by leaving a true cope of the citation, with a copy of the petition attached, with anyone over sixteen years of age at the location specified in such affidavit, or

    (2) in any other manner that the affidavit or other evidence before the court shows will be reasonably effective to give the defendant notice of the suit.

  3. #3

    Default Re: Tripping Inside a Storage Unit

    Oh no, I did not trip over my own boxes, but boxes that were left in the common areas. I was carrying my boxes (chest level) and did not see the boxes. The management said they had not had a chance to check through the property for trash (it was 9am).

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