parking lot damage

[ebooks]

Jurisdiction/Place:

We just purchased a new Toyota Avalon recently. My wife used the car to drive her 94 year old mother to the doctors. She parked in a designated handicap spot. The curbing on the parking lot is held stationary by rebar. One of the pieces of rebar was not properly installed and was sticking up about an inch. My wife did not see it and when she went to back the car up when leaving, the rebar caught the lower part of the right front of the car and before she could stop the car the rebar had damaged the lower part of the car. The estimate for the damage is over $800. Is the owner of the parking lot liable for this damage?

 

[jharris352]

I would think so yes. There was a foreseeable hazard. If what you are talking about was difficult to see from the car you might not be liable also.

 

[mightymoose]

Yep. I believe there are actually regulations about the height of these things. Hopefully you documented and photographed the offending piece of rebar. I wouldn't expect much cooperation from whoever owns the lot, but would expect you to have a good argument if you go to small claims over it.

 

[fredrikklaw]

You adhered!

I have to play the devil's advocate here and say that unfortunately you have no recourse against the owners of the parking lot!

By taking the ticket and entering the parking lot, you entered by implication into and gave consent to be bound by the terms and provision of a (bilateral) Contract of Adhesion which are posted at the entrance to the parking lot and printed on the back of the ticket and it starts with the words "This Contract Limits Our Liability – Read it." It is an [industry specific] standard contract drawn on a take-it-or-leave-it basis in which the terms are dictated by the offeror which are final and non-negotiable.

Other examples of contracts of adhesion are insurance policies, airline tickets, and (greyhound) bus tickets. The standard of proof uses Reasonable Expectation by Consumer test and to rescind it you have to show the presence of either fraud or unconscionability, or both.

fredrikklaw

 

[jharris352]

While you are technically correct I can assure you that she can sue them in small claims court and they will pay off a few hundred dollars rather than pay an attorney to attend the hearings.

If you were after 50,000 dollars your little ticket dealy would be a problem.

 

[mightymoose]

You know... the OP didn't say anything about it being a private lot where a fee was paid. It could simply be an open lot at the doctor's office which belongs to the property owner.