Premises Liability Parking Garage Vertical Clearance Sign

[LegalQs]

Jurisdiction

California

Hi there,

I rented a cargo van that is 7' 4'' tall. It was driven into a parking structure that had a sign stating that the vertical clearance was 8' 2''. I drove the van to the second level of the parking garage and a water pipe damaged the top of the vehicle. I measured from the ground of the floor to the pipe and the it was 222 cm or 7' 3''ish.

Can the parking structure be held liable for the damage caused to the cargo van? The pipe hangs down in the general area of traffic and was not in an obscure spot in the garage.

Thank you,

 

[army judge]

Can the parking structure be held liable for the damage caused to the cargo van?

Liability depends on many factors.

I suggest you discuss the incident with a torts attorney or your insurance carrier before you do or say anything further.

 

[adjusterjack]

Can the parking structure be held liable for the damage caused to the cargo van?

Did you buy the collision damage waiver?

 

[mightymoose]

Are you certain there are no other signs for clearance beyond the entrance? Maybe one on each level?

 

[zddoodah]

Can the parking structure be held liable for the damage caused to the cargo van?

No. It is not possible to hold a structure liable. It is, however, possible that the owner and/or operator of the structure might have liability. Please note that "possible" only means something between impossible and certain.

 

[flyingron]

It's incumbent on you not to hit anything. It doesn't tell you that there are vertical pillars that will damage your car if you hit them, or other cars. You have to watch for low hanging things. I remember driving a rental van through a Boston hotel and having one of my passengers sitting on the door looking at the roof to make sure I cleared stuff.

 

[mightymoose]

It seems a reasonable argument that if a sign is posted a driver can reasonably expect that clearance. The difference between posted and actual in this scenario is significant. Unless the deliver missed a sign indicating a change in clearance, I suspect the building owners insurance will pay out. This is worth pursuing.

 

[flyingron]

So, if there's one low obstruction in the garage at 5 feet, they should block off the entire garage to taller vehicles? One might argue that given the clearance stated there should be some highly visible markings (or further signs) where there are low obstructions, but still, the driver hit a stationary object.

 

[mightymoose]

So, if there's one low obstruction in the garage at 5 feet, they should block off the entire garage to taller vehicles? One might argue that given the clearance stated there should be some highly visible markings (or further signs) where there are low obstructions, but still, the driver hit a stationary object.

No.... But it would be practical to clearly mark that low obstruction.