QuestionLast week I parked in the parking lot where I work. My firm rents a space in the building. The parking lot is newly constructed, but it was open for parking. When I was leaving the lot, I pulled forward, through the adjoining space in front of me, as the car in front of me had left. I ran into a two foot high cement fixture that was placed there to hold a street light; however, there was no light pole on top of the cement and I could not see the cement from sitting in the driver's seat. There were no cones or other warning signs. Several other employees said that they almost hit one of these cement fixtures. We called the owner of the building and the person in charge of maintenance saw my vehicle in relation to the cement fixture. The next day, the poles and street lamps where installed. My vehicle has $1500 in damage, of which I have a deductible of $1000. Does the owner of the parking lot or the parking lot contractor have any liability?
AnswerHi Alyson,
Premises liability is a tough call. Most people wrongly assume that property owners have duties to safeguard them on the property. While a business invitee, which is what you were, is owed a higher duty of care, it is doubtful that such a duty would extend to somehow flagging the curbing pieces you hit.
The owner's duty to a business invitee is to inspect the property to remove any unsafe conditions. Is something that is there in plain sight as an obstacle an unsafe condition? THAT would have to be the basis of your argument.
BUT, just because your legal argument is not all that strong, you should not give up. There is some politics at play here in terms of keeping a tenant happy.
If you want to submit a claim for the full $1,500, go for it, but also be ready to offer to split it 50-50, maybe they might bite on it since they might have an incentive to keep your employer happy.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.settlementcentral.com
