Accident at gas station

grandthane · #1 03-03-2009, 08:46 AM

What is the name of your state (only U.S. law)? Missouri

Good morning- my boyfriend was involved in an accident over the weekend at a local QT due to icy conditions in the parking lot. They had not treated the areas in front of the gas pumps from snow that occurred, and stopped, approx 22 hours before. When turning in to the pump, his car slid on the untreated ice and ran into the barrier pole in front of the pump. I was a witness to this. QT claims dept is saying they're not responsible because it was an "act of God". The "act of God" happened the day before. The manager on duty stated that they had done nothing to treat the parking lot and several previous customers had complained about the icy conditions. Is QT responsible for the damages to his car? Thanks!

ecmst12 · #2 03-03-2009, 08:49 AM

This was not an act of god. This was an act of a negligent driver failing to account for road conditions and maintain control of his vehicle.

grandthane · #3 03-03-2009, 09:05 AM

What if someone had slipped, fell, and broken a bone on the ice? Is the customer negligent for walking there and not taking in to consideration the conditions?

ecmst12 · #4 03-03-2009, 09:57 AM

Most likely, yes, one assumes a risk when one walks on icy surfaces. And an operator of a several-ton piece of heavy equipment is expected to be able to control it regardless of conditions. If you don't feel you can control it, stay home!

HomeGuru · #5 03-03-2009, 12:17 PM

Quote:

Originally Posted by grandthane

What if someone had slipped, fell, and broken a bone on the ice? Is the customer negligent for walking there and not taking in to consideration the conditions?

**A: we do not deal in what if's.