car got flooded in assigned parking lot in apartment complex. cant afford a lawyer

[Zigner]

To be fair - the OP never said that dad took out an auto loan. It could have been a personal loan that the dad used to buy the vehicle.

I am probably wrong, but it's possible

 

[davew128]

Good catch. Still hard to believe that something beyond minimum wasn't purchased. Comprehensive on a car that old would be minimal cost.

 

[Zigner]

Good catch. Still hard to believe that something beyond minimum wasn't purchased. Comprehensive on a car that old would be minimal cost.

I absolutely agree.

 

[Ange85]

my dad took out a loan in Germany so this doesnt really have anything to do with it. I paid cash for the car. I only got minimun coverage as thats all I could afford. I feel very bad for living off my dad's money at the moment so I got the cheapest one which was $800 for 6 months, the next one up would have been $1700 so I think its understandable. different rules apply to me as I am foreign and had never had a Florida license or even been to the States before. I did not know much about the hurricanes in Florida before I came here and I think most foreigners dont. I think its a bit unfair to blame me for that. I moved here from Dubai where it rains 3 hours a year on average and there is no draining system at all so as soon as it does start raining, the city gets completely flooded. Would you have known that?! I bet not..

 

[davew128]

I moved here from Dubai where it rains 3 hours a year on average and there is no draining system at all so as soon as it does start raining, the city gets completely flooded. Would you have known that?! I bet not..

You bet wrong. I live in San Diego. It rains here 6 hours a year. And it floods. And I knew that before moving here.

 

[You Are Guilty]

...Was the warning sufficient? The burden of proof will be on the landlord once the OP says *he* didn't see it. (In that the plaintiff will allege the duty of the landlord and that it was breached. Once the prima facie case is made, the landlord will have to prove a reasonable person would be aware of the danger.) Where the sign was on the property, how high it was posted, the size of the lettering and the lighting and cleanliness of the sign are all factors.

Subjective or objective standard? The fact that every other garage-parker apparently saw the sign (in time to move their cars) strongly suggests that even if our plaintiff legitimately did not see it, it was not the landlord's fault.

 

[tranquility]

I believe the purported reasonable person I spoke of means an objective test. But, the OP does not have that burden. Once he makes the subjective claim HE didn't see it, I believe the burden would shift to the defense to show a reasonable person in like circumstances would.

(I would argue that the others who moved their cars did not do so because of the sign, but because of actual knowledge of the conditions.)

 

[Ange85]

5 other cars were flooded. and the average rainfall in san diego is 42.9 days a year (even now that you live there you dont even know that) and you cant compare moving to a different city in the same country to moving half way around the world to a different continent. anyway i didnt look up this forum to get into silly fights.
the mechanic just called and said its $100 for a new computer and thats it, the cars good to go, the engine didnt even get wet.
thanks to tranquility and stevef for being the only ones to give me decent anwsers.

 

[You Are Guilty]

Right - which goes to my point that there only seems to be one person who didn't "get the message". Had half the garage users left their cars there, I could see a viable argument. When it's just the OP who is involved, not so much.

(I'm just wondering, given the situation, what set of circumstances you see where the sign would arguably be inadequate.)


{edit}
lol - OP snuck that last post in while I was typing this. With 5 other people to complain, a small claims suit against the landowner might be a viable option. Just be sure to double check whatever contracts you signed when you moved in.

 

[tranquility]

The sign would be arguably inadequate if it did not make the condition safe.

The association could have fixed the drain. Instead, it chose to warn. Property got damaged from the known (by the association) and latent danger.

If I were the one trying to fulfill my legal duty by warning, I'd really try to make sure everyone was warned.

 

[davew128]

5 other cars were flooded. and the average rainfall in san diego is 42.9 days a year (even now that you live there you dont even know that)

Having lived here for four years now, I suspect its rained a TOTAL of 42.9 days.

and you cant compare moving to a different city in the same country to moving half way around the world to a different continent.

Sure I can. You just proved it for me by claiming to know more about meteorological conditions about my city than I do.

 

[OHRoadwarrior]

Not to be rude or abrupt, I suggest you scrap the car and buy a bike.

 

[HighwayMan]

A scooter would be alot cheaper than a car and easier to park.