Interior Secure Prior to Tow?

By Randall C. Resch

When towing or transporting limousines and motorhomes, are towers responsible for the security of personal belongings inside? Is it the tower's responsibility to ensure that loose items and appliances are secured before moving the vehicle?

The following two cases come from the "I can't believe it's true" file. Both left California tow companies liable for damages that occurred during otherwise routine impounds.

While California towers face more than their share of frivolous lawsuits, simple situations can become costly when operators aren't prepared for unexpected circumstances.

Scenario One 

A stretch limousine was impounded for expired registration after the driver failed to produce a valid license. The vehicle was in perfect running condition, allowing the operator to drive it onto a rollback.

The tow operator signed the deputy's impound and inventory report, loaded the limousine in the usual manner, secured it with straps and ratchets, and transported it approximately nine miles to the company's storage facility without incident.

Several days later, the owner returned with a valid license and the required release from the impounding agency. Both the impound report and tow invoice described the vehicle as being in "perfect condition inside and out." Before releasing the limousine, the tow company required the owner to sign a damage release. He did so under protest.

After inspecting the exterior, the owner entered the passenger compartment and discovered extensive damage. Crystal glasses, decanters, mirrors and leather seating had all been damaged when unsecured items apparently shifted during loading or transport.

The company's manager dismissed the complaint, reportedly telling the owner, "It's a police impound. We're not responsible."

The owner filed a $5,000 small claims action, alleging negligence. Although the company argued it had no reason to know the interior contents would shift, the judge ruled in the owner's favor, citing the signed impound documentation describing the vehicle as being in "perfect condition inside and out."

Scenario Two 

An abandoned Dodge motorhome filled with trash, dog waste and an overflowing black-water tank was impounded and towed by a medium-duty wrecker. During transport, an older television fell to the floor and was destroyed. The owner claimed it was a "state-of-the-art" television. When the damage claim was submitted, the tow company failed to return repeated phone calls. When contact was finally made, the owner alleged he was told, "We're not paying for your junky TV."

He filed a small claims lawsuit and was awarded $500.

Lessons Learned

These cases may seem minor, but courts often hold tow companies to a very high standard under Care, Custody and Control.

They raise several important questions:

-- Should limousines be loaded onto rollback carriers whenever possible to reduce loading angles?

-- Should operators secure loose items that are likely to shift during transport?

-- If operators enter a vehicle to secure belongings, does that expose the company to theft allegations?

-- Since impound owners usually aren't present, is a pre-tow liability release even practical?

-- How much protection does a signed release actually provide in court?

-- Can a release eliminate responsibility for preventable damage?

-- Should damage claims always be handled promptly, professionally and with empathy?

Pay the Man

Judges are quick to remind tow companies that Care, Custody and Control requires reasonable measures to prevent damage to both vehicles and their contents.

So ask yourself: What procedures do your operators follow to minimize damage to personal property during transport? Is there a practical way to identify and secure loose items before loading?

Arguably, excessive loading angles or normal transport movement caused the glasses, decanters and television to fall. But one question remains: Would either case have ended differently had the companies simply responded with professionalism and concern?

Sometimes the lesson isn't just about preventing damage. It's about how you respond after it happens.

Operations Editor Randall C. Resch is a retired California police officer, former tow company owner and longtime industry advocate. As a consultant and trainer, he authored and teaches California Highway Patrol-approved tow operator safety courses. During his 57-year career in towing and recovery, he has written more than 800 safety-focused articles for American Towman Magazine, Tow Industry Week and POLICE Magazine. He is a frequent seminar presenter, a longtime member of American Towman's Safety Committee and was inducted into the International Towing and Recovery Hall of Fame in 2014. He also received the industry's Dave Jones Leadership Award. 

Email Randy at rreschran@gmail.com.