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Service truck got stuck in my field. Am I liable for the tow truck?

Luis A.asked 3 viewsDelivery, Placement & ServicingTruck accessMissed serviceDamage waiverPlacementService visit

I have a standard portable toilet at my ranch that gets serviced weekly. It sits in a pasture about 100 feet from the gravel driveway. The ground was dry and firm when the rental company dropped it off last month. But we got a heavy rain overnight before yesterday's scheduled service visit. The service truck, a heavy vacuum truck, drove out to the unit and sank up to its axles in the mud. The driver had to call a tow truck to get it unstuck.

Now the rental company says I might be responsible for the tow bill. I thought the driver would check the ground before driving on it. The unit placement was the same as always. Am I liable for the tow truck cost because the ground was on my property? What do rental contracts usually say about this?

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Ray M.Dallas, TX

Yes, you are likely liable for the tow truck cost. The rental contract almost certainly states the customer is responsible for providing and maintaining safe, stable truck access for the service vehicle at every service visit.

The driver's job is to service the unit, not to perform a soil analysis on every visit. Your responsibility is to ensure the path from the driveway to the placement location remains passable for a heavy vacuum truck, even after rain. A 100-foot drive across a pasture is a known risk, and the contract shifts that risk to the property owner. The fact that the ground was firm during delivery does not matter; the condition on the service day is what counts. Most companies will bill you for the tow and any associated labor for the missed service. Check your contract's section on site conditions and vehicle access for the exact wording.

  • Carl D. Same thing happened on a muddy lot last spring. After that we put plywood down for the approach and the driver never complained again.

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