i live at this apt. complx in phila., well there is a fence that divides the apt. complx and a golf course. last night i parked my truck in front of the apt. complx. and today when i went outside to go somewhere, my rear side passenger window of my truck has been shattered by a golf ball. so i go to the golf complx to advise them of what happened. i am expecting them to take responsibility for their clients actions and the manager of this golf place advised me that since they have been there since 1933 it is not their responsiblity and that i should contact my apt. complx. now when i moved in this apt. complx last year i remember them advising me of golf ball incidences and that they are not responsible for this. i firmly agree that the apt. complx is not the responsible party, but today when i went to the golf place this manager acted as if they have no responsibility to what their clients do.
2007-07-29 11:09:42 · 7 answers · asked by lynnette 3 in Politics & Government ➔ Law & Ethics
to add insult to this, the manager is suggesting since this apt. complx was built way after they have been their, when such incidences occur they are not responsible. do i have a case, because i feel i will be the only one paying for this and this is clearly not my fault - please help
2007-07-29 11:11:50 · update #1
parking is limited especially during the weekends when everyone is off - for the most part it is quiet, but if they (apt complx) have parking spaces and i pay to live there why would someone think it it my fault?
2007-07-29 11:20:45 · update #2
Does the golf course have it written down anywhere that they are not responsible for stray balls? If not, I am guessing that you do have a case.
2007-07-29 11:16:17 · answer #1 · answered by greencoke 5 · 1⤊ 0⤋
Look up the phrase, "voluntary assumption of known risks", and see if you could sue a ballpark for hitting you or your car with a baseball. The good news is that they would have to raise this as an affirmative defense and PROVE you knew the risk and parked your car there anyway, knowing it would be hit by a negligent customer on their premises. The bad news is that you would first have to prove they someone was negligent (i.e., the person who drove the ball), if not reckless. Then there is the problem of contributory negligence...
2007-07-30 01:31:57 · answer #2 · answered by Nuff Sed 7 · 0⤊ 0⤋
Was there a golf ball in your truck, if so yes you do. Its their responsibility, the manager saying that is dumb, its just like saying if a ball goes out and hits a car driving by and him saying that the road was made after it and its not their fault.
2007-07-29 18:16:45 · answer #3 · answered by bushroxursox 2 · 1⤊ 0⤋
all you can lose is time and a small fee. you may even get the fee to file waived
take them to small claims and find out what happens
it is called private enforcement of the law
you will get an education about what does and does not have to be paid
and if you win you will also find out if you can collect, and if you sue you will also find out they may offer to pay from their insurance before it even gets into court.
the first time i went i was 19. i won. i have been 2 or 3 other times. i also won a back rent that i was never able to collect. the idea behind that court is that it is a leverage. tell them one more time you are going to court, then if they keep the same attitude figure out what is your opportunity cost to do it, and give it a try. you can only lose a small court fee.
2007-07-29 18:16:52 · answer #4 · answered by thomasdavidhalbrook@yahoo.com 2 · 1⤊ 0⤋
I feel you have a case! Just because you were born after the person assaulting you, doesn't give them the right!
Do you have a deductible, as it should be the insurance company going after them!
Of course they are going to say they aren't responsible! That get 99.9% off their backs!
Bought any Tap Water lately? Aren't corporations the biggest liars and frauds? Except when compared to Bush!
2007-07-29 18:18:25 · answer #5 · answered by cantcu 7 · 1⤊ 0⤋
since it will only cost you about $50 to file in small claims court i would say go ahead and try. I would think you would have a decent enough case but it is really going to depend on the laws in your state.
2007-07-29 18:16:22 · answer #6 · answered by John P 2 · 1⤊ 0⤋
It is your fault. The apartment manager warned you and you failed to heed that warning. Sorry.
2007-07-29 18:13:54 · answer #7 · answered by Glen B 6 · 0⤊ 2⤋