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Is a business responsible for a customers vehicle damage when the buisness was not open and the customer should not have been there?

I will try and make this short and clear.  I run a buisness out of my home.  It is legal, we declare everything we collect and pay GST etc, we have home insurance along with insurance to cover the business end as well.

A customer came in last week and requested an order which we make on site and then the customer comes back to pick it up.  The customer was called on Thursday morning to let him (we will call him Tom) know his order was ready for pickup.  He was not available but a message was left with a female who had answered the phone.  As we do tell all of our customers please call before you come to get your order to ensure we are here and open.

"Tom" came on Thursday afternoon, without calling, we were not here.  He spoke with a family member who was here at the time.  He said he was just passing through and would be back on Friday to pick up his order.  He was told again to call before he came to pick up on Friday.

On Friday we were here all day except for a half hour, there was no phone call (we have caller id) or visit from "Tom". 

On saturday, our business is only open Monday to Friday, "Tom" appears in our driveway.  Now to explain, we have a very long driveway (about 150 feet in total) and about 80 or 90 feet from the top of our driveway down from the road we have a buried underground electric pet containment system.  To explain it is basically an electric wire that runs an underground current to contain our three dogs into our yard.  So basically my point is you have 80 or 90 feet to stop your vehicle, once you see that I have dogs.  My dogs cannot and will not cross the "line", we cannot see it but anyone in the past coming on to my property does see that the dogs will not cross a certain point and they do not either.  Except in this case, "Tom"  with a dog in his car drove right up to our house once again without calling, and giving us notice.  Had he called he would have found out that we were closed and not serving customers.

My husband went outside as Tom was getting out of his car, we had not even seen him coming in the driveway, only heard the dogs barking.  He spoke with my husband and wanted to take his order and only pay about a 1/4 of the bill.  As per our company policy we do not let customers pick up orders unless they are paid in full.  Tom said he would come back another time when he had full payment, and he left.

Saturday evening 9:15pm "Tom" calls our business phone and leaves a message that he didn't notice until he got home that our dogs scratched his car door.  And would like us to call him because he would still like to get his order, "so hopefully we can work something out"  were his exact words. 

My question being are we even close to being responsible for something that may or may not have even happend.  We were both inside and he came, without informing us, onto our property, when we were not even open, with 80 or 90 feet to stop his vehicle. 

We feel at this point we are being taken advantage of because he would like to collect his order for free.

Authors: ratealawyer.com

Read more http://legal.advicescene.com/ca/question/1004616

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