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A rock, stuck between the tires of a truck and trailer unit, releases and travels at speed in through the front and exiting through the rear window of a car travelling in opposite direction, narrowly missing the driver. This happened on a public road. The truck and trailer had just delivered a load of rock to a commercial quarry. The dislodged rock was from the quarry. What liabilitiy does the quarry manager/owner owner have with regard to this accident?
Already Tried: an internal investigation is being carried out by the transport company,(3 months have passed and a final report not yet available) a 'sister' company to the quarry owner. I work for the quarry owner; I was the driver of the car involved. I reported the incident to the Police.
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HiWelcome to JustAnswer. The truck driver/transport company would be liable, but not the quarry owner. There must be an obligation to ensure that this sort of event does not occur as it is reasonably predictable that this may happen
Does the quarry owner not also have an obligation to minimise the risk of it's property becoming lodged between truck tires?
If that was the case then anyone who lays a gravel road would have a problem. In this case the quarry owner would noy have a duty of care like this. In my view the quarry owner would not be liable
Experience: LLB MMgt FAMINZ 32 years qualified as lawyer