Visitor Question

Liability Issue with Utility Trailer…

Submitted By: Margaret (Tampa, Florida, USA)

I have a neighbor who has parked his small utility trailer on my property in the back of my townhouse. I want to ask him to move it mainly for liability reasons.

I would like to know what the liability is of having his trailer on my property so that I can actually use this as my reason for asking him to move it. Any suggestions? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Margaret,

If the trailer is on your property and it falls on someone, moves and runs over someone, rusts and cuts someone, or in any other way injures a person or persons, there is every reason to believe you will both be held liable, individually and collectively.

This means you will both be equally liable for the damages caused to an individual or individuals.

If the owner of the trailer is a friend and you are uncomfortable asking her to move the trailer explain to her the liability you both share.

If she still won’t move the trailer you can, as a last resort, contact the Building Code Enforcement Department and see if leaving the trailer on your property when it doesn’t belong to you is a Code Violation.

You can contact them at www.tampagov.net and report the matter online.

If a Code Inspector determines the trailer should be removed, she will issue a warning to the owner. If the owner still refuses to move it she may be ticketed.

Let’s hope it doesn’t come to that. Maybe telling her about the liability issue will be enough to have the trailer moved. No one wants to sue a neighbor.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 16, 2011

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