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| Subject:
liablity for damage in parking lot
Category: Miscellaneous Asked by: digieddie-ga List Price: $5.00 |
Posted:
30 Nov 2005 15:11 PST
Expires: 12 Dec 2005 21:09 PST Question ID: 599709 |
During Windsorm 11/05/05 in Autzen Stadium Parking Lot my pop-up canopy/shelter joined hundreds of others as it tumbled away from my parking spot/car. Mine scratched a jeep in the next row. The owner is seeking ALL $600 damage repair from me and his insurance supports this. The parking passes have a WAIVER. why am I not protected? |
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| There is no answer at this time. |
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| Subject:
Re: liablity for damage in parking lot
From: markvmd-ga on 30 Nov 2005 18:32 PST |
I am not an expert at this sort of thing and this is merely my opinion, but I suspect the parking lot waiver is for the parking lot owner's liability. You are the only person who could have prevented your canopy from becoming dislodged. Despite there being a severe wind, which is a possibilty if not foreseeable (unlike, say, a metoerite striking the canopy and bouncing onto the Jeep), you have the ultimate responsibility. Had you not set up the canopy, your canopy would not have caused damage. Certainly you did not do this on purpose and nobody is accusing you of that. This is an unfortunate occurance and one of the reasons we buy insurance. Your insurance company should cover this, I would think. |
| Subject:
Re: liablity for damage in parking lot
From: b_ricker-ga on 30 Nov 2005 20:45 PST |
I had a similar problem and although he is seeking this money it would cost more for him or his insurance company to pay for a lawyer in order to get the money returned. If he tries to sue you or anything of the sort it will be based on the principle that he feels he should get paid and you should be held responsible. |
| Subject:
Re: liablity for damage in parking lot
From: feuerbach-ga on 07 Dec 2005 08:24 PST |
The proximate cause of damage was an act of God. You are not liable for the damages caused. An analogy to this would be if a piece of siding blew off your house during a windstorm and broke your neighbor's car windshield. You are not liable for the damage that your personal property causes if the proximate cause of loss was an act of God. You're in the clear. |
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