I hired a mobile caravan to take on holiday. Halfway through my trip it broke down. I ended up stranded in the middle of nowhere and had to call a tow truck to pull me out. When I called the hire company they admitted the caravan had not been serviced for more than a year. What remedies am I entitled to from the owner?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Shamaila Khan, Kingsville 3012 VIC
- Under the law a person that hires out goods is required to ensure that the goods are fit for purpose and safe for use.
- Conducting regular service and maintenance on the goods being offered for hire is one way a seller can meet these obligations.
- In this scenario it is clear that the company has breached their end of the contract by failing to provide you with a safe product.
- As such the company is most likely liable for all loss and damage suffered as a result of the breach.
- You may be entitled to your money back as well as reimbursement for the tow truck fees and any other associated costs.
- The situation may be different if you were using the mobile caravan for purposes other than those that it was designed for such as using the van on a 4 wheel drive track even though the van is only suitable for sealed roads.