parking lot damage

[pboellner]

We just purchased a new Toyota Avalon recently. My wife used the car to drive her 94 year old mother to the doctors. She parked in a designated handicap spot. The curbing on the parking lot is held stationary by rebar. One of the pieces of rebar was not properly installed and was sticking up about an inch. My wife did not see it and when she went to back the car up when leaving, the rebar caught the lower part of the right front of the car and before she could stop the car the rebar had damaged the lower part of the car. The estimate for the damage is over $800. Is the owner of the parking lot liable for this damage?

 

[FlaRiptide]

Is the owner of the parking lot liable for this damage?

You would need to prove the owner was negligent in some manner which resulted in the damage to your wife's vehicle. Was the rebar indeed improperly installed? Was this an accident waiting to happen? Was the owner aware of the situation and did nothing about it? Was the item so brazen that the prudent person could not possibly overlook the potential for harm?

Unfortunately for your wife, "not seeing" is not a valid excuse.