QUESTION
Is a company liable for their property causing damage to my car?
Asked on Apr 24th, 2013 on Personal Injury - Iowa
More details to this question:
I went to a hardware store and the rebar that connects the parking block to the parking lot was sticking up about 1 1/2 - 2 inches above the parking block. Because of this, it caught the underside of my front bumper and shifted my quarter panel causing about $800 worth of damage. Are they liable for their property on this case? It would not have happened had the rebar not been sticking up so high!
9 ANSWERS
Ronald A. Steinberg
If it was visible by your merely paying attention, then it would be your fault for hitting it. Take pictures from your car when the lighting conditions are the same, and then go to see a lawyer.
Answered on Apr 29th, 2013 at 8:02 PM
James Eugene Hasser
Presuming the company to which you are referring is responsible for repairing the rebar, if they knew or should have known it was there, then, yes, they could be liable. You would have to show that the rebar was not open and obvious, though.
Answered on Apr 26th, 2013 at 11:47 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If it's not readily observable, I would certainly ask for the store's liability insurance information and try to make a claim. Under section 627.4137, Florida Statutes, they are required to give you their liability insurance information.
Answered on Apr 26th, 2013 at 11:47 AM
You would probably win if you brought a small claims action.
Answered on Apr 26th, 2013 at 11:47 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I suppose you could say they were negligent in maintenance or construction, but you obviously saw the rear and still hit it. they could and wold likely claim you were negligent also, it is a tempest in a teapot and not worth a lawsuit. Why don't you try to negotiate the best deal you can.
Answered on Apr 26th, 2013 at 11:47 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, definitely. Sue them in small claims court, you do not need a lawyer to do so. Get pictures and at least two repair estimates. First, though, check with your own insurance agent. It may be easier for you to get your car fixed and then let your insurance company chase the hardware store's landlord to get their money back.
Answered on Apr 26th, 2013 at 11:46 AM
If you did not see the steel rod sticking up, then the owner of the parking lot is 100% at fault.
Answered on Apr 26th, 2013 at 12:06 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Hopefully you took a photograph. If not, go back and take several. Also take a ruler and hold it from the ground up to show how high it is sticking up. Then make a claim against them.
Answered on Apr 25th, 2013 at 11:27 PM
Only if they own or manage the company. It's the owner's responsibility to maintain the property unless the lease says otherwise or there is a management company.
Answered on Apr 25th, 2013 at 10:26 PM