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<blockquote data-quote="TooTechie" data-source="post: 1153625" data-attributes="member: 28388">It is all based on negligence and your duty as a homeowner.&nbsp; There are four elements in a tort action: duty, duty breached, causation and damages.&nbsp; You had a duty to provide a good pathway to your door free of obstacles and debris.&nbsp; Obviously you breached this duty because the driver tripped so the driveway clearly wasn&#039;t conducive to walking.&nbsp; Additionally the door reportedly broke upon contact with your driveway so you should have ensured your driveway was soft enough for that contact.&nbsp; As such the cause of the loss was your driveway.&nbsp; Finally the damages...Have you received service yet on the summons to appear in court?&nbsp; The driver likely was injured when he tripped and stumbled in your driveway and probably should be awarded general damages for pain and suffering.&nbsp; The trauma of seeing one of our tracking labels hit the ground is incomprehensible.</blockquote>

[QUOTE="TooTechie, post: 1153625, member: 28388"] It is all based on negligence and your duty as a homeowner. There are four elements in a tort action: duty, duty breached, causation and damages. You had a duty to provide a good pathway to your door free of obstacles and debris. Obviously you breached this duty because the driver tripped so the driveway clearly wasn't conducive to walking. Additionally the door reportedly broke upon contact with your driveway so you should have ensured your driveway was soft enough for that contact. As such the cause of the loss was your driveway. Finally the damages...Have you received service yet on the summons to appear in court? The driver likely was injured when he tripped and stumbled in your driveway and probably should be awarded general damages for pain and suffering. The trauma of seeing one of our tracking labels hit the ground is incomprehensible. [/QUOTE]

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