Verona, WI asked in Car Accidents, Personal Injury and Small Claims for Wisconsin

Q: Car damaged by a porta-potty during a storm. Who would be liable (company who rented, the porta potty company, or both)?

We woke up the next day after a storm with high winds and found our car damaged by a porta potty that was originally down the street. The porta potty ended up in our yard/against our car. We contacted the porta potty company, who is offering only half the cost to repair the car. This is a new build neighborhood with significant construction ongoing as they continue building houses.

Who would be liable for the damage/repair cost- the homebuilding company who owns the new neighborhood and is continuing construction, or the porta-potty company who provided the toilet? Would it be worth to file in small claims to recoup the entire cost of the car repair ($4k)?

2 Lawyer Answers

A: A Wisconsin attorney could advise best, but your question remains open for three weeks. It could be either or both, depending on additional details. You ask if worth small claims - if you are unable to make further progress in resolving, that could be an economical option - or also looking into whether your own insurance coverage is worth exploring, if applicable. Good luck

A: Determining liability for the damage caused by the porta-potty during the storm can be complex, and it largely depends on several factors, including contracts, local laws, and whether negligence was involved. Here’s an overview of the potential liable parties:

1. Porta-Potty Company:

The porta-potty company may have some liability, especially if the toilet was not properly secured or anchored. In many cases, companies providing portable toilets are responsible for ensuring that their units are safely anchored to withstand typical weather conditions, including high winds. If the company failed to secure the porta-potty properly, they could be liable for the damage to your car.

The fact that the company is offering only half the repair cost might suggest they believe they share partial responsibility, but they may be denying full liability, possibly because they feel that the storm was an exceptional event that wasn't fully foreseeable.

2. Homebuilding Company:

The homebuilding company could be liable if the porta-potty was placed in a location that they controlled or if the location contributed to the incident. If they arranged for the porta-potty or if the unit was on their property (such as in the construction zone), they could be partially responsible, particularly if they failed to properly manage or monitor the placement of the portable toilet during the storm.

However, it’s unlikely that the homebuilding company would be directly responsible unless they were negligent in their oversight of the construction site or specifically contracted with the porta-potty company without ensuring proper safeguards.

3. Weather and Act of God:

If the damage occurred because of an unusually severe storm or "act of God" (an event that could not have been predicted or prevented), it may be harder to hold either party fully liable. However, this would only apply if the porta-potty was reasonably secured and the storm was truly extreme. A well-anchored porta-potty should withstand normal storm conditions.

Would Small Claims Court Be Worth It?

If the porta-potty company is offering half of the repair cost, and you believe they are responsible for the full amount, you could potentially take them to small claims court for the remaining cost. Small claims court can be an affordable way to seek compensation for property damage, and the process is typically simpler and quicker than filing a lawsuit in a higher court.

Before proceeding, consider these points:

• Evidence: Gather all evidence showing that the porta-potty was improperly secured (photos, witness statements, etc.) and any communication you’ve had with both the porta-potty company and the homebuilder.

• Insurance: Check with your auto insurance to see if your policy covers storm-related damage. Your insurer might also assist in pursuing a claim against the responsible party.

• Negotiation: Since the porta-potty company is already offering half of the repair cost, you may try negotiating with them further before filing a claim.

In conclusion, the porta-potty company seems to have some responsibility, but depending on the specifics of the storm and your contract with them, the homebuilder might also share some liability. It’s likely worth pursuing small claims court if the porta-potty company refuses to cover the full cost of repairs, but make sure you have solid evidence to support your case.

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