I was at a place of business that has a parking gate controlling the access to its parking lot and their shipping/receiving area. I was with a customer of the business, providing use of my truck as a favor. My client entered the building for a few minutes, re-entered my vehicle and we proceeded to the gate. The gate automatically went up and we entered the parking lot, proceeding to shipping and receiving. To make a long story short, the parcel was at another facility, just up the road. The clerk asked if I would mind following him there. I agreed, following him through the parking lot. Upon arrival to the parking gate, the clerk leaned out of his vehicle and appeared to push a button on a pedestal next to the gate. The gate went up and he pulled through, with me following him. As I was 1/3 of the way through the gate, the arm hit my vehicle in the windshield area. The arm then went back up and as I continued forward, it struck my vehicle four more times along its length.
I immediately stopped after pulling through the gate. The clerk had also stopped and walked up to my vehicle. He state that he "saw the whole thing. Someone should take care of that for you." Later that day I got an estimate of the damages to my vehicle, which is $750.00 plus 3 days of a rental car.
My question is this. Who is at fault? The gate requires an access code be entered for every vehicle leaving the lot. It is not posted any where outside, i.e., you would only know this if you were actually in the building. Since this was my first visit to the business and I did not leave my vehicle, I did not know about the access code. My client nor the clerk informed me of an access code. I feel that the owner of the business is at fault as his gate is not marked with any warning whatsoever. Am I correct?
I immediately stopped after pulling through the gate. The clerk had also stopped and walked up to my vehicle. He state that he "saw the whole thing. Someone should take care of that for you." Later that day I got an estimate of the damages to my vehicle, which is $750.00 plus 3 days of a rental car.
My question is this. Who is at fault? The gate requires an access code be entered for every vehicle leaving the lot. It is not posted any where outside, i.e., you would only know this if you were actually in the building. Since this was my first visit to the business and I did not leave my vehicle, I did not know about the access code. My client nor the clerk informed me of an access code. I feel that the owner of the business is at fault as his gate is not marked with any warning whatsoever. Am I correct?
