Auto Insurance Claims: Damaged SUV in a Parking Lot, vacant space, accident report

Question
QUESTION: My wife was navigating the work parking lot looking for a vacant space when she cut the corner of a parking lot island that was constructed with a roll curb and the facilities manager placed two large rocks on each end of the island at the back of the curb. She took the turn a little sharp and the rock damaged the driver side of the SUV. the rock is about 18" off the ground and the lot is dark in the morning and is hard to see. I going to submit a claim. I'm submitting a claim agianist her company. If the island was constructed using roll curb they should be liabile?
A roll curb is designed to be mountable by an auto and if the owner of the lot is placing and object to prevent corner cutting of the island they wouldn't they be liable? If an owner whats to place a structure there to stop the corner cutting they must use the correct ballard at the correct height and color or construct a 6 to 8 inch chair back curb. A line of sight study should be conducted to determine the appropiate height of the ballard.
In my case the facilities manager admitted that employes at the company had hit the rocks that they had placed to prevent corner cutting, but I'm the first person to file a claim agianist them. The security officer that took the accident report said he didn't like the rocks either. The correct ballard to be used would be a plastic delinater post/tube with a flective tip that will lay over when hit.
Can you help?


ANSWER: Rodney,

I'm Not sure what you need my help with, you seem to have this one under control. It sounds like you have filed a claim against them already. You will need to prove they were negligent by placing the rocks there and that there were reasonable, safer alternative means to accomplishing their desire to stop curb cutting.

I think your on the right track with your thought process. If there is something particular you need guidance on, let me know.

Best of Luck.

Marc B. Nussbaum

---------- FOLLOW-UP ----------

QUESTION: I'm now told the rocks are landscaping, which I have replied that they need to be moved back as not too cause a hazard.
Thanks for your help

Answer
Rodney,

Thank you for the follow up. I feel like this would not change their liability any more then an improperly planted bush that blocks a stop sign would absolve someone's liability (should it result in an accident) solely because it's for decoration.

Marc B. Nussbaum, Esquire