Parking Lot Liability

[mackd]

I Parked in an outdoor paid parking lot in which an attendant parks your car. I had originally parked the car myself that day but the attendant moved it to the back of the lot up against this rock wall. The lot backs up to a pretty substantial rock wall and there was a rain storm in which a shower of rocks were knocked loose onto the top of my car damaging the paint (the wall is fortified with chicken wire and a fence but obviously not well enough.
So i filed a damage claim with them right away and they gave me a corporate office # to call in which the guy (rudely) told me it was an act of god, talk to the people that own the property (they lease it from them) and i'm SOL.
My question is do i have a case in small claims court and who is liable the property owner or the parking lot business.
thanks,
mark

 

[jharris352]

The business. Sue the business that put your car next to the wall. It is NOT an act of God. Rain is an act of God. Rocks that fall through chicken wire (which shows you knew the potential risk) are acts of negligence. Silly statements like that always amaze me. Act of God my foot. Go sue them.

 

[mightymoose]

Also... you are not the one that parked the vehicle there. The business is completely liable, and like many businesses will probably deny your claims until served legal papers.... and only then will it be taken seriously.