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Parking lot liability?

Discussion in 'Accidents, Injuries, Negligence' started by cmsgolfard, Feb 24, 2004.

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  1. cmsgolfard

    cmsgolfard Law Topic Starter New Member

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    I was in the parking lot of my internship looking for a spot. I found a spot that was unmarked, and not blocked by barrier or signing. Behind this spot is a drop off and a creek at the bottom of a 50-foot drop. I backed into the spot and as I was putting my truck into park it rolled back a few inches and fell off of the parking lot. It turns out the lot had been previously falling apart so the curb was gone. When my back wheels feel off of the parking lot that I was assuming was there, my truck was damaged during the fall. I was able to drive out of this situation after some efforts but the damage was lasting. I was wondering would the owner of the parking lot be liable for the damage because they did not have the spot blocked.
     
  2. stephenk

    stephenk New Member

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    the problem you face is that the edge of the parking lot was an open and obvious danger. you saw that there was no block or curb to prevent your truck from rolling off the edge.

    Why did you back into the slot instead of driving forward? While backing you obviously were not able to determine how close your rear tires were to the edge.

    If you have comprehensive coverage on your truck, your insurance will pay for the damage.
     
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    It is possible that the owner of the lot may be partially liable but you may have a recovery limited since it is possible that you may have been contributorily negligent. I would say that it really depends upon the facts and circumstances. Without seeing the spot, it is impossible to say whether it was obvious that you shouldn't have parked there or there was a not so obvious danger to which the owner of the lot may have had prior warning. This case is fact specific and you have the burden of proving your case. Sorry to hear about the truck...

     

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