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  1. #1
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    Jun 2020
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    Default Tire Damage from New Constrution New Door to My House

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

    Thursday the 11th of June I noticed a nail my tire. It is a specific type of nail that is used to secure the plastic rain barrier to the side of the house. I took pictures the the nail in the tire, pics of the identical nails used on the house and also found several identical nails still in the roadway. I took the tire to repair shop and they said it is irreparable due to it being so close the the sidewall. I called Tilson home construction and was told supervisor would be in contact with me yesterday. No response. Are they liable for tire replacement and what are my legal options.

    Thanks

  2. #2
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    Mar 2013
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    Default Re: Tire Damage from New Constrution New Door to My House

    Quote Quoting tsassman
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    My question involves an injury that occurred in the state of:Texas

    Thursday the 11th of June I noticed a nail my tire. It is a specific type of nail that is used to secure the plastic rain barrier to the side of the house. I took pictures the the nail in the tire, pics of the identical nails used on the house and also found several identical nails still in the roadway.
    Certainly appears to show negligence on the part of the workmen for whom the employer is responsible.

    Quote Quoting tsassman
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    I took the tire to repair shop and they said it is irreparable due to it being so close the the sidewall. I called Tilson home construction and was told supervisor would be in contact with me yesterday. No response. Are they liable for tire replacement and what are my legal options.
    Call every day if you have to or catch the supervisor at the jobsite. Contractors are notorious for ignoring this kind of thing. I suggest you to visit your state's contractor's regulatory agency's website and find out who the owner/president of the company and write to him demanding the price of a tire, though you'd only be entitled to a depreciated amount based on how much use you already got out of the tire.

    You might have to sue in small claims court if he doesn't respond.

  3. #3
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    Default Re: Tire Damage from New Constrution New Door to My House

    Quote Quoting adjusterjack
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    Certainly appears to show negligence on the part of the workmen for whom the employer is responsible.

    Call every day if you have to or catch the supervisor at the jobsite. Contractors are notorious for ignoring this kind of thing. I suggest you to visit your state's contractor's regulatory agency's website and find out who the owner/president of the company and write to him demanding the price of a tire, though you'd only be entitled to a depreciated amount based on how much use you already got out of the tire.

    You might have to sue in small claims court if he doesn't respond.
    Absolutely false! If a bumper fell off a truck in lanes and it was struck by a car when there was ample time to brake, it is the car's fault for not seeing it to avoid hitting it. If something so small as a nail falls off a truck the same precautions and liability apply. So, if the car driver cannot see a small object in the road like a nail, it is the negligence of the car driver for not having better vision to avoid small objects that can do damage to his car.

    As a contractor myself, I would not buy the OP a new tire unless he were my customer and because I am not legally obligated to. The only way to beat the contractor in court, IMO, would be to prove the car was unable to avoid the nail...as if a box on nails fell off the truck directly in front of the car in moving traffic.

  4. #4
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    Default Re: Tire Damage from New Constrution New Door to My House

    I don't argue with morons.

  5. #5
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    Default Re: Tire Damage from New Constrution New Door to My House

    Quote Quoting adjusterjack
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    I don't argue with morons.
    The moron is the person who suggested suing over the loss of one tire.

    Following your own adivice, you'd have been in the courtroom hundred of times.

  6. #6
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    Default Re: Tire Damage from New Constrution New Door to My House

    Whatever.

  7. #7
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    Default Re: Tire Damage from New Constrution New Door to My House

    Duplicate thread.

    Quote Quoting adjusterjack
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    I don't argue with morons.
    But you do feed trolls by responding to them.

  8. #8
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    Default Re: Tire Damage from New Constrution New Door to My House

    Quote Quoting pg1067
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    But you do feed trolls by responding to them.
    To you a 'troll' is anyone who refuses to join the EL Clique.

  9. #9
    Join Date
    Jan 2010
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    Default Re: Tire Damage from New Constrution New Door to My House

    Quote Quoting Harold99
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    If something so small as a nail falls off a truck the same precautions and liability apply. So, if the car driver cannot see a small object in the road like a nail, it is the negligence of the car driver for not having better vision to avoid small objects that can do damage to his car.
    With that said, if I just came from an ophthalmologist and he told me my eyesight was 20/20, then on my way home from that doctors visit, I run a nail over that fell off the back of a truck, could I sue the ophthalmologist for the damage from running over the nail that I couldn't see fall off the truck?
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  10. #10
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    Default Re: Tire Damage from New Constrution New Door to My House

    Quote Quoting tsassman
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    Are they liable for tire replacement and what are my legal options.
    Potentially yes. If you sued you would have to convince the court that nails ended up on the roadway from the negligence of its employees. The hardest part of that will be tying the nail you had to this particular contractor. Once that is established, I think the contractor would be hard pressed to provide a convincing argument that its nails ended up in the road by some means other than negligence. It's employees had an obligation to secure the nails on the truck so that they would not fall off and pose a risk of harm to other motorists. Therefore the fact that they ended up on the road suggests that the employees did not take reasonable steps to meet that obligation. While as Harold99 suggests the contractor might try to argue that you should have seen the nail and avoided it and thus you were partly at fault, I don't see that as nearly as convincing as Harold apparently does. But then Harold is a contractor himself so I'm not surprised he'd leap to the defense of the contractor here. Suing in small claims court is cheap and you are free to take the matter there if the contractor won't settle to your satisfaction and see what the judge says.

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