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Porta potty tipped over in the wind: who pays and how do I stop it happening again? ✓ Solved

Luis A.asked 0 viewsDelivery, Placement & ServicingWindStakingVandalismDamage waiverPlacement

Accepted answer

The driver also checks the unit's placement for adequate truck access on every service visit; a blocked unit is logged as a missed service and the trip is billed. Ask your rental company to confirm the staking and tie-downs were installed before the driver leaves the site, which is a standard part of a proper placement. For a ranch construction site, Read the full answer

We have a standard portable toilet on a ranch construction site, high elevation, wind is common. The rental company put it on level ground but didn't stake it. A big storm came through last week and tipped it over. The holding tank spilled. The driver pumped out what was left and righted it, but the rental company sent a bill for the cleanup and said we're responsible for the damage.

Who pays for this? I thought they'd secure it. And how do I stop this from happening again? Do I ask for staking and tie-downs, or is there a better unit for windy spots?

3 answers

Accepted answer first, then by votes
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✓ Accepted by Luis A.

Nina R.Nashville, TN

The driver also checks the unit's placement for adequate truck access on every service visit; a blocked unit is logged as a missed service and the trip is billed. Ask your rental company to confirm the staking and tie-downs were installed before the driver leaves the site, which is a standard part of a proper placement. For a ranch construction site, you may need to specify the exact truck access route to the unit to avoid future service issues.

  • Hector V. Staking is critical in high wind areas. The rental company should stake every unit at delivery, but on soft ground, you may need to add your own stakes between services.
2
Owen G.Austin, TX

The rental company bills you for the cleanup because the responsibility for securing the unit on your site falls to you once it's delivered, a point your contract will confirm. To prevent a recurrence, you need staking and tie-downs. A standard portable toilet is light and top-heavy, so ground screws or concrete blocks with ratchet straps are the standard solution. For a high-wind site, a deluxe portable toilet or an ADA-compliant portable toilet provides more stability from its extra weight and larger base, but it still requires anchoring. Discuss the wind conditions with your rental company at the time of order so they can provide the appropriate staking equipment.

  • Ray M. Owen is right about the contract. My drivers log every delivery with photos showing the unit is upright and accessible. After that, it's on the customer to keep it that way.
1
Marcus B.Chicago, IL

The customer pays for the cleanup and damage in this situation. Your rental contract almost certainly states that the customer is responsible for securing the unit after delivery and for any damage that occurs on site, including from weather. The rental company's responsibility typically ends once the unit is placed on the level ground you specified. The bill for the cleanup is standard; the driver performed a service to contain the spill, which is a hazardous waste incident.

To prevent this, you must ask the rental company for staking and tie-downs at the time of order. A standard portable toilet is lightweight and acts like a sail in the wind. Professional staking with ratchet straps anchored to ground screws or concrete blocks is essential for any exposed site. For extremely windy, high-elevation locations, a heavier unit like a deluxe portable toilet or an ADA-compliant portable toilet offers more stability due to its larger footprint and weight, but it still requires secure staking.

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