Premises Liability Parking lot not maintained....owner assumes no liability

[Allseason]

On a rainy day I drove into a plaza to go to a restaurant for breakfast. Since all of the pavement was went, I drove but hit a very deep pothole and bottomed out in a pot hole. Asked a tenant of the plaza for information on who owned the plaza. In speaking to him he repetitively told me to call my insurance company. I did only to be told he is liable. I could make a claim but rates would go up. He gave me the name of his management company and after talking to them...they also told me sorry....nothing we can do without his permission. I think k the area should have been marked as a precaution. Any recourse for them to pay for damages?

 

[army judge]

On a rainy day I drove into a plaza to go to a restaurant for breakfast. Since all of the pavement was went, I drove but hit a very deep pothole and bottomed out in a pot hole. Asked a tenant of the plaza for information on who owned the plaza. In speaking to him he repetitively told me to call my insurance company. I did only to be told he is liable. I could make a claim but rates would go up. He gave me the name of his management company and after talking to them...they also told me sorry....nothing we can do without his permission. I think k the area should have been marked as a precaution. Any recourse for them to pay for damages?

No one USUALLY pays for anything, because you demand or ask.

You want him or her to pay, you must first bring a lawsuit.

Even if you prevail, you must then endeavor to collect on your judgment.

The later being more difficult than the former.

You can pay out of your pocket, file a claim with your insurer, bring a lawsuit, or do nothing.

As you describe the incident, I don't see your success in a lawsuit.

 

[army judge]

closed...........................................................