QUESTION
Can the store be sued for damages? How?
Asked on May 05th, 2015 on Personal Injury - Montana
More details to this question:
I was in the parking lot of a local grocery store and I hit a pot hole in the parking lot which caused my car to stall and then my car was hit by another car. Since it was their property and they did not maintain their property and it was (and still is) dangerous, can I sue them? Do I have a case?
10 ANSWERS
I already answered this question several weeks ago.
Answered on May 06th, 2015 at 3:51 AM
Ronald A. Steinberg
Absolutely not. You were careless and it was your fault.
Answered on May 06th, 2015 at 1:59 AM
Edwin K. Niles
Yes, but there may be a claim that you are also at fault for driving into a pothole that was visible. It seems that the other driver was primarily at fault.
Answered on May 06th, 2015 at 1:35 AM
Personal Injury Attorney serving Irvine, CA
4 Awards
Possibly. One of the issues in your case is the "proximate cause." If something is too remote in time to cause an accident, then you cannot establish proximate cause. If the pothole caused your car to swerve into another car, the answer is yes, you can sue. If the pothole your car to suddenly stop and then immediately you are hit from behind, then yes, you can sue. But let's say the pothole causes your car to stall and then your car remains there for four hours. Then another car hits it. It would be difficult to establish that the pothole was the proximate cause of that accident.
Answered on May 05th, 2015 at 5:34 PM
Thomas Edward Gates
You do not have a case. The car that hit should be sued. You should have seen the pot hole and drove around it.
Answered on May 05th, 2015 at 5:08 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You have to be able to show that they knew or should have known that the pothole was there and that they had an opportunity to fix it but failed to do so. Don't be too sure that the store owns the lot. They might, but it's possible that the property is actually owned by some real estate investment partnership. If we're talking about car damage only, you are probably headed to small claims court.
Answered on May 05th, 2015 at 5:08 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You certainly may have a case. Find an experienced personal injury lawyer, who can inquire into all of the relevant details and give you a much better evaluation. Good Luck.
Answered on May 05th, 2015 at 4:32 PM
James Eugene Hasser
If you can prove the owner (or whoever is in control) of the parking lot knew or should have known about the hole and they failed to fix, repair or warn you against it, you might have a case. If you only have property damage, you might just want to let your insurance company take care of it and worry about getting their money back from the property owner. If you were injured, you may consider consulting an experienced injury lawyer familiar with premises liability cases. Good luck.
Answered on May 05th, 2015 at 4:10 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sue the store for what, it would appear that the party liable for the damage would be the other driver who hit your car.
Answered on May 05th, 2015 at 4:02 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Your claim is against the car that ran into you for failing to keep a proper distance.
Answered on May 05th, 2015 at 3:56 PM