• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Auto accident, are they at fault?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

finneganbuster

Junior Member
What is the name of your state? Massachusetts

I was driving to work at Gillette Stadium during a storm with high winds. As I passed the enterance to one of the spectator parking lots, the wind blew a wooden parking barrier owned by the stadium into the road. I slammed on my breaks but skidded directly into it causing severe damage to my vehicle. I informed the stadium officials and they removed the barriers from the road but they would not accept responsibility for the initial hazard or the accident itself. I was driving the speed limit completely sober and had just purchased the car two weeks prior. Do I have any recourse to get compensation from the stadium at all?

[email protected]
 


seniorjudge

Senior Member
finneganbuster said:
What is the name of your state? Massachusetts

I was driving to work at Gillette Stadium during a storm with high winds. As I passed the enterance to one of the spectator parking lots, the wind blew a wooden parking barrier owned by the stadium into the road. I slammed on my breaks but skidded directly into it causing severe damage to my vehicle. I informed the stadium officials and they removed the barriers from the road but they would not accept responsibility for the initial hazard or the accident itself. I was driving the speed limit completely sober and had just purchased the car two weeks prior. Do I have any recourse to get compensation from the stadium at all?

[email protected]
Q: Do I have any recourse to get compensation from the stadium at all?

A: No; they didn't do anything to you.
 

Zigner

Senior Member, Non-Attorney
finneganbuster said:
What is the name of your state? Massachusetts

I was driving to work at Gillette Stadium during a storm with high winds. As I passed the enterance to one of the spectator parking lots, the wind blew a wooden parking barrier owned by the stadium into the road. I slammed on my breaks but skidded directly into it causing severe damage to my vehicle. I informed the stadium officials and they removed the barriers from the road but they would not accept responsibility for the initial hazard or the accident itself. I was driving the speed limit completely sober and had just purchased the car two weeks prior. Do I have any recourse to get compensation from the stadium at all?

[email protected]
Sue them for the damages. It was their barrier and a reasonable person could foresee the problem.
As an alternative, go thru your insurance and take the stadium to small claims court for your deductible.
In either case, the stadium IS responsible.
 

seniorjudge

Senior Member
Zigner said:
Sue them for the damages. It was their barrier and a reasonable person could foresee the problem.
As an alternative, go thru your insurance and take the stadium to small claims court for your deductible.
In either case, the stadium IS responsible.
Zinger, as a public service, you should note on your answers that you have absolutely no legal knowledge or training and that your responses are pure flights of fancy.

That would be helpful.

Thank you.
 

Zigner

Senior Member, Non-Attorney
seniorjudge said:
Zinger, as a public service, you should note on your answers that you have absolutely no legal knowledge or training and that your responses are pure flights of fancy.

That would be helpful.

Thank you.
If an entity creates a situation that causes damage to another entity, they are responsible.
Why wasn't the barrier secured?


EDIT:
Maybe I'm misunderstanding the OP though...
Was the barrier blown in to the vehicle, or was it just sitting there and the OP didn't see it until too late?
If it's the latter, then I stand corrected.
 

teflon_jones

Senior Member
You're not entitled to damage by a barrier blown into the road by the wind.



Zigner said:
If an entity creates a situation that causes damage to another entity, they are responsible.
The stadium didn't create the wind.
Zigner said:
Why wasn't the barrier secured?
Irrelevant.
 

Zigner

Senior Member, Non-Attorney
teflon_jones said:
You're not entitled to damage by a barrier blown into the road by the wind.




The stadium didn't create the wind.

Irrelevant.
The wind didn't damage the car - the unsecured barrier did.

But, shrug, whatever. The OP has no reason NOT to file the small claims suit except for the small filing fee and the one day in court. Seems worth it to me.
 

Ohiogal

Queen Bee
There is also the fact -- even if she could prove that the Stadium may have had some liability which is doubtful -- that she may not recover because as she said she was driving the speed limit in high winds and storm conditions which is the reason she could not stop. Speed limit is the fastest limit at which you should drive during optimal conditions. When the weather is bad you are to slow down.
 

mlk1978

Member
They may be at fault if you were on their property and it fell on you (falling objects=comprehensive coverage). But wether you are on their property or not if you ran into it... then it is collision and that is your responsibility. You can call a lawyer to discuss your case and they will tell you wether you can have a ligitimate case or not. Good luck!
 

bucs1055

Member
Zigner said:
But, shrug, whatever. The OP has no reason NOT to file the small claims suit except for the small filing fee and the one day in court. Seems worth it to me.
And that attitude is what is wrong in our great country:rolleyes:
 

justalayman

Senior Member
bucs1055 said:
And that attitude is what is wrong in our great country:rolleyes:
I disagree. So many things are blamed on an "act of God." which is what evrybody seems to be inferring here.

I don't think God really cares about this guys car. What happened is the wind blew a parking barrier that either was not adequately restrained or was not properly used. The action of the owner of that barrier failed to express proper control of their property and thereby causing the damage.

It was some person's improper or lack of action that allowed the damage to happen.

Why should anybody else be required to pay for that persons negligence?
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top