If you pay for a storage unit and it's on private property and someone hits your parked car, is the owner liable?
Question Details: My husband rents a storage unit. About 6 days ago, my husband, my son and I went to the storage facility. We pulled in by our unit and there was another truck parked away from where I parked. A man was just sitting there with his motor off. My husband had just gotten out of our truck and then the other guy started his truck up. He hit the gas and was coming towards me, so I sounded my horn. I had no time to move out of the way. The guy hit my truck and upon impact my husband got hit by our truck door and it knocked him into our storage door hurting his arm. The guy admitted to the cops that he was at fault and claimed that he didn't see us. He was driving a big truck. My husband contacted the owners of the storage units that evening. After we got home he left a message on her machine. The next morning he called back. The secretary said that the owner had just walked in and she was going to play the message to her and that she would have the owner call him back. She has not called him at all; she is dodging him. Can't she be held liable for anything? The guy who hit us claims that he is their employee. My truck is destroyed.
The storage facility is liable for the property damage to your vehicle because the at-fault driver was an employee. An employer is liable for the negligence of an employee that occurs in the course and scope of employment.
The storage facility is liable for your husband's injury for the reason stated above. The storage facility is also liable for your husband's injury based on premises liability because your husband was injured on the premises.
Therefore, your property damage claim and your husband's personal injury claim should be filed with the storage facility's insurance carrier.