Negligence from My Oil Delivery Company: DEM question (real estate, how much)

[Ro-Dialin]

I have a question for anyone who might know the law on this:

I currently have oil heat in my house, and use a prominent oil company in the state. I have had this company for 11 years. A week and a half ago, the oil company driver arrived for a delivery, and the driver topped off the tank so much that oil gushed out of the vent, and out of the spout where the tank is filled. The oil delivery man knocked on my back door and asked if he could go down my cellar to check to "make sure the tank was filled." I thought it was odd that he would ask such a thing, since I have never had an oil delivery man ask that in the past; I was suspicious and got my coat on, and went outside and noticed oil spilled all over around the spout where the oil was delivered. The driver was really concerned about any oil leakage in my cellar, and did not tell my about the spillage. The vent is under my back porch so I'm not able to actually see how much oil gushed out. I called the company explaining what had happened and they sent one of their supervisors to inspect. I explained that ever since that last delivery, the first floor of the house smells like oil. They sent a supervisor to the house the next day to inspect. He seemed to be more concerned about the companies liability, than helping me with the problem. They took a lot of pictures, many on the opposite side of the house of where the oil is even delivered.

The next day I called the company supervisor, he called me back and stated the driver couldn't hear the whistle because it was under the porch. I stated that that has never been issue in the past, and told him that I believed the driver was negligent, and was 100% responsible for the spill. I also explained that I can hear the whistle from within the house. The supervisor stated they could not make another delivery until the vent is removed from under the porch, which they would do, and cover only 50% of the cost. I explained it was their negligence, they should cover 100% of the cost. Also, that they would probably have to dismantle the back porch, clean up the oil spill, and rebuild the back porch the way it was, at their expense. They were concerned about keeping me relaxed, and that they wanted to take one step at a time. They are scheduled to come down next week.

I was concerned as to whether I should call DEM (Dept. of Environ Mgt), but was afraid of the legality involved. I believe DEM will NOT help me in this matter, and they will expect me to take responsibility to clean up the mess, even though it was caused by the negligence of the oil company. Maybe they would go after the oil company, but I don't trust them. Not sure how to handle this, or where I should go next? Please, I would appreciate any help with this matter.

[NY Annie]

Contact a lawyer who specializes in real estate. If you don't know any, contact the RI Bar Association Lawyer Referral Program and ask for a half hour free consultation - which will at least inform you what your options are. Generally they pair you with a specialist given your situation. If you are unsure the person you meet with is the right lawyer, I know a few who do this kind of work; send me a DM but get info from the Lawyer Referral Program first.

[Fudgecopper]

Originally Posted by NY Annie

Contact a lawyer who specializes in real estate. If you don't know any, contact the RI Bar Association Lawyer Referral Program and ask for a half hour free consultation - which will at least inform you what your options are. Generally they pair you with a specialist given your situation. If you are unsure the person you meet with is the right lawyer, I know a few who do this kind of work; send me a DM but get info from the Lawyer Referral Program first.

You dont have to go to real estate lawyer for that. You dont need a "specialist". Any lawyer can handle that matter. Its a simple plain negligence-liability based claim. Also, 99.9% of all lawyers offer their first initial visit (consult) for free. They then give you options and then they give you what their fees would be based on those options and then it's up to you to weigh the options and see what would be best given your situation.