Who would be responsible for flat tire?

[Aristomommy]

I have had numerous discussions at work about this topic since this situation happened. Our office building is expanding and currently the addition is to the point where siding is being installed. Approximately 13-15 cars (employees and customers) have had flat tires due to construction nails (3-4 inch long) being left on the parking lot by the construction crew. Employees leave about the same time every day and these flat tires continue to be a problem.

I brought the issue to the boss in this building. He thanked me for the information and spoke with the construction company. One of the employees also spoke with the construction company owner and so far no one is taking responsibility.

I personally believe the construction company is responsible for cleaning the area periodically, esp. when they are using nail guns and these nails occasionally "kick back" into the parking lot. I think I will send my receipt for a new tire to the construction company, but others at work disagree. They think we should all go together to our employer to "fight for us" which I don't really think will happen.

What do you think??? Who is responsible, if anyone? Should I just forget the whole thing and consider it an accident??

 

[Minnie]

We had an issue during our expansion last summer. The contractor paid for the damage done to the employee's vehicle.

If the value is insignificant then I wouldn't fight the battle.... in the case above the value was large due to the damage.

 

[PixieTopaz]

A lot of folks on my street had problems with roofers letting nails spill from their trucks(we're guessing)-we all paid our own repairs-coudnt really prove who did it.

 

[Aristomommy]

A lot of folks on my street had problems with roofers letting nails spill from their trucks(we're guessing)-we all paid our own repairs-coudnt really prove who did it.

The tire company who replaced my tire showed DH and I the nail and it matches the nails still found everywhere. Also in our case I would think this many people with flat tires would speak volumes.

My cost was $150 for the first tire and just over $160 for another tire that I needed to balance it out (I bought a warranty at that time for no fault tire replacement).

 

[Disney1fan2002]

My cost was $150 for the first tire and just over $160 for another tire that I needed to balance it out (I bought a warranty at that time for no fault tire replacement).

Why are you replacing a tire after a nail punctured it? Can't you just have it plugged? The tire place in my town charges $8 to plug a tire.

 

[RitaZ.]

Why are you replacing a tire after a nail punctured it? Can't you just have it plugged? The tire place in my town charges $8 to plug a tire.

It all depends on the location of the puncture. Not all punctures can be fixed.

Since it happened at your place of employment, give the company a chance to handle it. If they don't take action, then have all those affected come together as a group and take it up with the construction company. Good luck.

 

[mlynn]

ASk the construction company to clean them up.My neighbor had his roof done last year.The dumpster had to be on my side of the street.Every night they brought out this Roller Magnet(Looked like and old fashion law mower) and Walked up and down the street and side walks to get all the nails.I'm sure they have something like that or a good old fashion shop broom. That is to many people with nails in tires.

 

[The Mystery Machine]

You would unfortunately. It is up to your employer to force them to clean up the nails.

 

[KAMLEM]

You would unfortunately. It is up to your employer to force them to clean up the nails.

I saw a case like this recently on People's Court and it was the construction company's responsibility, not the car owner.

 

[PixieTopaz]

WE all did plugs-a $30 or so repair-thus we didt try to get compensation.

Also some of the flats happened after roofers had finished work=so not sure who they were. Several people had re-roofed their homes after a hail storm.

 

[The Mystery Machine]

I saw a case like this recently on People's Court and it was the construction company's responsibility, not the car owner.

Yes, but it is up to the OP's employer to ensure that the workers are cleaning up the mess.

Granted they should be cleaning it up however since they are not it falls to the employer since it is in their parking lot. The liability actually falls on the employer if you want to get technical.

For example if you were a customer filing a claim it would be against the place of business not the construction company.

 

[wdwfan16]

A few years back my employer put on an addition. Flats were rampant. We all paid our own repairs. I had two tires that I repaired. I did not park any where the new addition. The first I thought was just a road hazard. The second time I realized that the workers putting on the addition were parking near me. I parked in a different area and the problems stopped.

 

[mill4023]

The tire company who replaced my tire showed DH and I the nail and it matches the nails still found everywhere. Also in our case I would think this many people with flat tires would speak volumes.

My cost was $150 for the first tire and just over $160 for another tire that I needed to balance it out (I bought a warranty at that time for no fault tire replacement).

I'm also wondering why you had to replace your tire. I've had nails in my tires at least a half dozen times over the years and it's never cost me more than 5 or 10 bucks to have it patched.

I'd be suspicious of the tire company trying to sell me something I didn't need.

But whatever was needed, the construction company should be reimbursing you, either directly or through your employer.

 

[janey99]

What is the policy of the building owner with respect to the lot? If it is "park at your own risk" you may be out of luck getting anyone to reimburse you.

Jane

 

[lovesmurfs]

ASk the construction company to clean them up.My neighbor had his roof done last year.The dumpster had to be on my side of the street.Every night they brought out this Roller Magnet(Looked like and old fashion law mower) and Walked up and down the street and side walks to get all the nails.I'm sure they have something like that or a good old fashion shop broom. That is to many people with nails in tires.

This is just sloppy work (or lack thereof) by the construction company employees. The construction company should pay for the tire replacements.

 

[tazdev3225]

My daughters and my BFF all work for a casino/race track. When they were modifying the existing building I got a flat picking up my daughter, my BFF had 2 flats, my DD had 1. There were complaints every day from workers and customers because of nails in the tires. They were all told that you park at your own risk. We all had the tires plugged. Plugging a hole is not always the solution if the nail goes in through the side of the tire because it damages the radial bands. I had a screwdriver attachment go through my tire and even that was repairable. They plugged the hole and put a patch on the inside of the tire and it held for a year until I actually had to replace the tire. This was a half inch hole. OP I know how you feel but usually there is no recourse.

 

[DarthKTrava]

Why are you replacing a tire after a nail punctured it? Can't you just have it plugged? The tire place in my town charges $8 to plug a tire.

If the nail got into the sidewall, you'll have to get a new tire. That spot is impossible to plug. I found that out the hard way.... The guy at Firestone tried his darndest to plug it but the plug wouldn't hold.

And, yeah, I'd get the company to get the construction company to pay for all those flat tires since it's THEIR employees being careless (and wasteful too!) with all those flying nails.

 

[sbell111]

Why are you replacing a tire after a nail punctured it? Can't you just have it plugged? The tire place in my town charges $8 to plug a tire.

If you do it yourself, it costs about 25 cents.

 

[Aristomommy]

The tire was not plugged, because I drove on it home and the long construction nail tore the tire up. I was hoping it could be plugged, but it could not be. DH even looked at it and I trust his judgement. I was one of the first ones with a flat tire, so I didn't know where it came from as I made the decision. I say that in case someone thinks this was in attempt to have someone pay for a tire. I have better things to do with my time

As far as the parking lot, it is not "park at your own risk". There is nowhere else to park as we have a designated employee lot and then the customers who parked right next to that lot were also affected.

The employer has to my knowledge spoken with the construction company, but the problem persists. I am lucky to afford the tires but I know many people are not in that position and I hope they get reimbursed.

 

[Goldenbear6]

I have had numerous discussions at work about this topic since this situation happened. Our office building is expanding and currently the addition is to the point where siding is being installed. Approximately 13-15 cars (employees and customers) have had flat tires due to construction nails (3-4 inch long) being left on the parking lot by the construction crew. Employees leave about the same time every day and these flat tires continue to be a problem.

I brought the issue to the boss in this building. He thanked me for the information and spoke with the construction company. One of the employees also spoke with the construction company owner and so far no one is taking responsibility.

I personally believe the construction company is responsible for cleaning the area periodically, esp. when they are using nail guns and these nails occasionally "kick back" into the parking lot. I think I will send my receipt for a new tire to the construction company, but others at work disagree. They think we should all go together to our employer to "fight for us" which I don't really think will happen.

What do you think??? Who is responsible, if anyone? Should I just forget the whole thing and consider it an accident??

The contractor is ultimately responsible for the construction site. If it was one or two cars maybe he could slide by, but with so many cars coming down with flat tires, it is truly a site maintenance problem. The contractor should be held responsible and pay for the repair of the tires. If he won't, then the retainage that is being held back on his contract, should be used to pay everyone who has had a problem. The people that are stating that the contractor is not responsible really have no idea what they are taking about. If the contractor was painting the outside of the building, and paint got on the cars, he would be responsible to clean every car. If his truck, or a subcontractor working for him, damaged someone's property, he would be responsible for the repairs. Its all part of doing business. Your next step would be to request a meeting with the general contractor at your place of business. Have everyone who has been damaged, bring the receipts for the repairs to the meeting and present them to the contractor. If he won't take responsibility, then the next step would be to file a suit in small claims court. No contractor wants to be sued, and this should get him off of dead center, and make him pay for the repairs.