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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31603
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I backed into a parking spot and the hatch back was severely

Customer Question

I backed into a parking spot and the hatch back was severely dented by the overhanging wall. The over hanging wall was not visible through my backup camera (points down) or bumper sensors can pick it up. There is no sign on the wall that there is an overhang or that it's head-in only. Walls are white and a blue lines goes through the entire parking area. This is a private property (temple). Should I be compensated for the damage????
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

This is a tough issue because you would have to be able to prove that the condition (walk overhang) was not open and obvious and that there was no way that you knew or should have known of the condition. The property owner is going to claim just the opposite.....so there it would boil down to a question of fact and whether the jury believes that the condition is open and obvious.

One huge issue would be whether the property owner knew this was dangerous and that others have had the same thing happen to them as you......which would prove notice....and would help your ability to make a successful claim.

So, it is POSSIBLE that you could have a successful claim, but you'd likely have to sue if the property owner denies responsibility (as its insurance company would as well).

Customer: replied 1 year ago.
shouldn't there be writing on the wall to warn that it's head-in only. I have seen it in lots of other parking lots. Isn't there a code?
Expert:  Roger replied 1 year ago.

There can be a warning, but there's likely no statute that requires it. You could check if there's a building code or ordinance that requires this.....and if that's the case, you could claim that the property owner was required to do this IF the ordinance or code applies to a private property.

Expert:  Roger replied 1 year ago.

Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks!