My boyfriend and I share a car that he was driving in a parking lot last week. He was heading west at about 4:30pm with the sun shining right at him. There is only one entrance and one exit to this lot (not the same) Another car came barelling at him trying to go out the entrance and in an attempt to avoid a head on collision with the other car he had to veer to the left (there were parked cars on his right). What he didn't see was an unmarked and unrailed sunken loading dock immediatley to his left. the two driver's side tires came off the pavement and the car tipped onto its side into the loading dock, 5ft down. Luckily, he was unhurt. However, we are wondering that because the loading dock was unmarked and there was no rail, can we sue the owner of the property?
2007-03-13 02:24:39 · 3 answers · asked by danili 3 in Cars & Transportation ➔ Safety
It really doesn't matter if he swerved to miss another vehicle or not. The point was the loading dock was unmarked. If he had permission to be back there, the owner should take responsibility. You don't necessarily have to sue them. Have you considered approaching them to ask if they will assist with the damages? If not, then take a picture if you can without getting into trouble and consult a lawyer. Your own insurance company many have some suggesstions too. Consider talking to them as well.
2007-03-13 08:17:02 · answer #1 · answered by todvango 6 · 1⤊ 0⤋
Where I live that is a very bad violation that carries a hefty fine (as well as liability for injuries). I would think you can, but many lawyers will do free consultations for issues like this. Best bet is to call one of them and find out specifics for that one.
2007-03-13 09:36:27 · answer #2 · answered by some random dude 2 · 0⤊ 0⤋
No, because technically, he 'wasn't in control of his vehicle'.
Or at least that's how it'd work out in court.
2007-03-13 09:43:42 · answer #3 · answered by tmlamora1 4 · 0⤊ 0⤋