I'm having difficulty determining who (and/or at what portion) would be liable for a recent accident my girlfriend had with a snow-covered decorative rock on an area of land that juts into a turn on a condominium driveway.
Photo links are at bottom of this post.
Our first major snowstorm of the year occurred yesterday morning. My girlfriend was leaving for work, traveling through the condo parking lot/driveway which was not yet plowed (it probably had four to six inches of snow on it). Near the exit is a portion of land (grass) that swings out into the driveway area. At one time, the condo decided to place a decorative rock in that area so that cars would not ruin the grass there by running over that area. The rock slopes to around 12 to 16 inches high (it was lower than a car bumper), but was covered completely in snow (sides and top).
The rock was brought up as a hazard in prior condominium meetings (which I attend regularly) and a suggestion to remove the rock was offered, but I don't believe a decision was ever finalized. The condo association decided to place a yellow stick marker in front of the rock to mark it for plows. Markers around the driveway are all orange except for the three at the end (including the one by the rock), which are yellow and have less visibility in snow conditions (yellow on white). The markers are very thin (1/4 inch diameter) and have no reflectors other than a small amount of reflective tape near the top...nothing like the blue or red circles commonly seen on normal driveway markers.
In the morning of the incident, the snow was still falling heavily, and it was still dark outside (6:40 AM). The snowcover made the driveway appear to be basically a snow-covered field, with little to indicate where the driveway edges are. The path to the exit under these circumstances appear to be a straight route. Such a route however placed my girlfriend on the rock, lifting the car onto three wheels.
We called a tow truck to get the car off the rock. There was little, if any, damage to the body of the vehicle, however the rock punctured something causing radiator fluid to leak out. We have not yet taken it in to find out how much repairs will cost.
The car has liability insurance, but no collision insurance since the value of the vehicle, in most cases, would be less than non-cosmetic damage repair (she is not worried about cosmetic damage...just functional damage).
This brings me to the question: Taking into consideration the knowledge that there was a hazard by the condo association, the inadequate marking of that hazard for weather conditions common in this area, and other factors mentioned, who would be liable for the damage to the car?
Note that although we frequently travel along the driveway to the exit, there has not been snow cover prior to this, and there were no vehicles in the lot near the rock (as there usually are) which would indicate the end of a parking area and the beginning of the area that sticks out into the driveway.
Photo Links (photos taken approx. 1 hour after incident, which is why there is snow on the car):
Photo 1 - col_caronrock.jpg - The car at rest on the rock in the driveway
Photo 2 - col_towtruck.jpg - Exit view of car at rest on the rock with tow truck
Photo 3 - col_exitafter.jpg - The exit/driveway as it appears without vehicles in it (after accident, which is why the rock is visible)
Photo links are at bottom of this post.
Our first major snowstorm of the year occurred yesterday morning. My girlfriend was leaving for work, traveling through the condo parking lot/driveway which was not yet plowed (it probably had four to six inches of snow on it). Near the exit is a portion of land (grass) that swings out into the driveway area. At one time, the condo decided to place a decorative rock in that area so that cars would not ruin the grass there by running over that area. The rock slopes to around 12 to 16 inches high (it was lower than a car bumper), but was covered completely in snow (sides and top).
The rock was brought up as a hazard in prior condominium meetings (which I attend regularly) and a suggestion to remove the rock was offered, but I don't believe a decision was ever finalized. The condo association decided to place a yellow stick marker in front of the rock to mark it for plows. Markers around the driveway are all orange except for the three at the end (including the one by the rock), which are yellow and have less visibility in snow conditions (yellow on white). The markers are very thin (1/4 inch diameter) and have no reflectors other than a small amount of reflective tape near the top...nothing like the blue or red circles commonly seen on normal driveway markers.
In the morning of the incident, the snow was still falling heavily, and it was still dark outside (6:40 AM). The snowcover made the driveway appear to be basically a snow-covered field, with little to indicate where the driveway edges are. The path to the exit under these circumstances appear to be a straight route. Such a route however placed my girlfriend on the rock, lifting the car onto three wheels.
We called a tow truck to get the car off the rock. There was little, if any, damage to the body of the vehicle, however the rock punctured something causing radiator fluid to leak out. We have not yet taken it in to find out how much repairs will cost.
The car has liability insurance, but no collision insurance since the value of the vehicle, in most cases, would be less than non-cosmetic damage repair (she is not worried about cosmetic damage...just functional damage).
This brings me to the question: Taking into consideration the knowledge that there was a hazard by the condo association, the inadequate marking of that hazard for weather conditions common in this area, and other factors mentioned, who would be liable for the damage to the car?
Note that although we frequently travel along the driveway to the exit, there has not been snow cover prior to this, and there were no vehicles in the lot near the rock (as there usually are) which would indicate the end of a parking area and the beginning of the area that sticks out into the driveway.
Photo Links (photos taken approx. 1 hour after incident, which is why there is snow on the car):
Photo 1 - col_caronrock.jpg - The car at rest on the rock in the driveway
Photo 2 - col_towtruck.jpg - Exit view of car at rest on the rock with tow truck
Photo 3 - col_exitafter.jpg - The exit/driveway as it appears without vehicles in it (after accident, which is why the rock is visible)
