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Ask Debra Your Own Question
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100946
Experience:  Lawyer
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hello, I have an underground parking garage damage question.

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hello, I have an underground parking garage damage question. My truck was just scratched while backing in to a parking spot in my apartment buildings parking garage. There has been work done to the garage for the past year or so and all height restriction signs have been taken down for quite some time now. I've been fine to drive and park in most of the garage no problem, however this spot had extra low and unmarked pipes which just put some long scratches across my roof. There is 1 typical sign that says they're not responsible for anything which is posted off to the side in 1 corner and not clear to see. Do I have a case for the building to pay for repairs?
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

To be able to sue successfully you would have to prove that the owner of the building was negligent.

Even if you didn't see the sign if the owner was not negligent the there is no reason for a court to say that the building owner is liable even though the pipes scratched your car.

You would have to prove that there was no way you would know the pipes were there and that the reason why this happened is because the building failed to place a warning sign on the area so that you would know you could not fit.

The building owner will argue that this is your fault in that you should not back in unless you are sure you have the room, it's your responsibility to check out a parking space and the height restrictions and they did nothing wrong and also told you that they were not liable for damages from the start.

On the other hand if you have a lawyer send them a demand letter they may be worried about being sued and simply make you some offer to avoid a lawsuit.

In most provinces you can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

Let me know if you need any further clarification
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