I own a commerical building thats shares a common driveway with another commercial building. The properties are back to back. A woman drives her car down the driveway gets a flat wants retribution. The common driveway is actually 50/50 ownership. 1/2 mine other 1/2 belongs to the other property right down the middle. The Pothole was in the middle. It has since been filled. The woman asked the other property to pay but they forwarded blame to me. Whose responsible here?
Should I pay it all? Is the woman just negligent. The woman was not even a patron of either property, just driving through the lot.
2007-03-07 22:58:16 · 4 answers · asked by tictacdaddymac 1 in Politics & Government ➔ Law & Ethics
You say "The woman was not even a patron of either property, just driving through the lot."
Seems to me you can suggest you will pay for the tire after she pays the fine for trespassing, or the two of you could just forget the whole thing, her choice.
2007-03-07 23:07:54 · answer #1 · answered by dBalcer 3 · 0⤊ 1⤋
I live in an old town and we are built on alley systems - our driveways and parking are in back of our homes.
That alleyway is private property and the only people who are to access it are the people who live on it and our guests. So basically, everytime someone uses it as a short cut they are trespassing.
Me personally I would tell the lady that she was trespassing on your property (and the adjacent business owner's) and you have no intention of paying her for doing something that legally she had no business doing. Additionally, a flat from hitting a pot hole is not normal. So either she hit it at a high rate of speed or her tire was junk anyway.
Tell her if she wants to push the issue then she can take you to court.
2007-03-08 08:57:40 · answer #2 · answered by Susie D 6 · 0⤊ 0⤋
You don't owe her anything. Where's her proof the flat was caused by your pothole? What condition is a tire that gets a flat from a pothole? Does the ordinary person get a flat every time they hit a pothole? I'd tell her absolutely no and if she sues you, come back here and post another question about how to handle this in Court and I'll walk you through it (mention what state you live in and what court the case is fined in). If you get sued, you do not need a lawyer.
2007-03-08 07:46:43 · answer #3 · answered by David M 7 · 0⤊ 0⤋
Someone should take it to small claims court. Tell her to get the tired fixed at local tire repair and have them document the situation...More than likely she will not comply on
1. Repair of tire ($10?)
2. Local establishment
3. Documentation from the tire shop as to date time tread defect and cost
Lets face it-If you would loose and have to pay for new tire: It goes into your loss account and you declare on taxes to offset tax liability and you still win...whether you pay half or all...
As for the repair-petty cash, slip dated and declared liability for loss on taxes...
Also explain to her that you are not a cash cow and if it continues you will persue harassment because situation is fixed. Businessmen have an edge with the law enforcement
2007-03-08 07:18:24 · answer #4 · answered by Patches6 5 · 0⤊ 1⤋