Porta Potty Forum

Service truck got stuck in our muddy field after October rains. Who pays for the tow?

Luis A.asked 2 viewsDelivery, Placement & ServicingTruck accessMissed serviceDamage waiverPlacementService visit

We have a standard portable toilet for our seasonal ranch hands, placed about 150 feet from the gravel road in a pasture. The rental company's vacuum truck came for the weekly service after heavy October rains turned the field to mud. The driver tried to drive out to the unit but the truck got stuck axle-deep. They had to call a tow truck to pull it out. Now the rental company is billing us for the tow fee, saying our ground conditions caused it. We told them about the field being soft after rain, but they sent the truck anyway. Who is responsible for this cost? Does the rental company usually assume the risk for access, or do we owe for the recovery?

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Tyler R.Columbus, OH

Check your rental agreement first, because the access clause is what decides this, not who had the worse day. Most agreements I've signed put the customer on the hook for keeping a clear, drivable path to the unit, and the truck access section usually says the driver can refuse or reschedule if the ground looks bad.

That last part is your leverage. You told them the field was soft and the driver still drove in. The driver is the one who decides whether to leave the gravel, and a pro who sees axle deep mud coming should stop at the road and call it in. I'd write back, quote whatever warning you gave (text, email, call log with the time), and ask them to split it or drop it.

For the rest of the season, fix the root problem:

  • Move the unit within a short hose reach of the gravel road. The vacuum truck hose runs a long way, so the truck never needs to touch the pasture.
  • Set it on a level spot that drains.
  • Tell dispatch in writing to stay on the gravel after rain.

We did exactly that on a job with a soggy back lot and never had another stuck truck.

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